December 21, 2015
The Florida Second District Court of Appeal has entered an Order granting the homeowner’s motion for appellate attorneys’ fees in a case where Deutsche Bank National Trust Company as the claimed trustee of a securitized mortgage loan trust conceded error on the part of the trial court in entering a Final Judgment of Foreclosure on the issue of lack of evidence of standing. The homeowner is represented by Jeff Barnes, Esq., who tried the case and filed the appeal including the homeowner’s Initial Brief.
Deutsche Bank requested several extensions of time to file its Answer Brief and also, during this time, repeatedly requested the homeowner to enter into a loan modification. Deutsche Bank never filed an Answer Brief, and instead ultimately filed a Confession of Error, admitting that the trial court erred in entering Final Judgment for Deutsche Bank.
The Final Judgment was thus vacated, and the appeals court has ruled that the homeowner is entitled to her appellate attorneys’ fees (as the homeowner was the “prevailing party” in the appeal.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com