Over the last few years, financial institutions have been forced to modify their policies and procedures to ensure that they are able to demonstrate compliance with notice provisions contained in residential mortgages prior...more
In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more
11/11/2016
/ Borrowers ,
Debt Collection ,
FCCPA ,
Jury Trial ,
Jury Waivers ,
Loan Servicer ,
Mortgages ,
Motion To Strike ,
Privity of Contract ,
TCPA ,
Unenforceable Contract Terms
The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and...more