Fourth DCA Holds that Where Case is Dismissed Due to Standing, No Contractual Attorneys’ Fees In a devastating decision today out of Fourth District Court of Appeal, the Fourth agreed with the Third DCA’s Bank of New York Mellon et al. v. Fitzgerald decision and held that where a case is dismissed for failure to prove standing, the homeowner is…

Fourth DCA: Note in Servicer’s Possession is Not Contrary Evidence In a decision today out of the the Fourth District Court of Appeal, Deutsche Bank National Trust Co. v. Applewhite, the appellate court held that even where there is evidence that another party was in possession of the note when the foreclosing party filed suit, that will…