THE EFFORTS CONTINUE

What do plaintiffs’ attorneys think they can do?  They think they can file whatever case they want, and it creates a very unsettled version of what we call
“wild wild west law.”  If you ask five lawyers in this state what it means, they’re all going to give you a bunch of different answers.  What I expect to see is a whole lot of new cases filed, cases whether or not the five years (statute of limitations) have passed.  The case involved a couple who bought a home and later divorced.  According to the terms of a prenuptial agreement (competent Pinellas Family Law Attorney), the husband bought out the wife’s interest in the home, taking out a $650,000 mortgage and giving the wife a second mortgage for an additional amount.  The husband never paid the second mortgage and stopped making payments on the first mortgage after a few months as well as homeowner association assessments.  How this impacts a St. Petersburg Eviction Attorney may very will determine whether you will prevail in your case.  The bank lender filed foreclosure and sought to accelerate payments.  Five years later, the case was dismissed with prejudice after Civ. Proc. Rule 1.420(b) was invoked, and after the bank failed to attend a case management conference.  The bank did not appeal the dismissal.  In subsequent litigation over the second mortgage between the husband, wife, homeowners association, and the bank, the husband filed a cross-claim against the bank seeking a declaratory judgment to cancel the first mortgage and quiet title to the property.  The husband moved for summary judgment and the trial court granted his motion.  The bank filed for a rehearing and after that was denied, appealed to the Fifth District Court of Appeal, where they cited the case Singleton v. Greymar Associated, and overturned the trial court and ruled the bank could bring another foreclosure action based on defaults subsequent to the dismissal of the first suit.