The Florida Second District Court of Appeals in Lopez v. Bank of America issued an Opinion filed on March 26, 2014 ruling that the Trial Court did not error in denying a Defendant’s Motion for Attorney’s Fees under Florida Rule of Civil Procedure 1.420(d). Rule 1.420(d) governs the recovery of attorney’s fees in cases where fees are at issue and where the case is dismissed.
In mortgage foreclosure cases, the Mortgage Document usually has an attorney’s fee provision, therefore, if a homeowner is successful at having the case dismissed, they may request the Court to order the lender to pay their attorney’s fees. In the Lopez case, the homeowner failed to properly request this relief in their initial pleadings, and therefore, could not ask for it further down the road. When defending a foreclosure case, it is important to make sure you taken the necessary steps to protect your interest. Foreclosures are still litigation. It is important that homeowners have legal representation that not only handles real estate, but who also handles litigation. Booth & Cook has attorneys that have a command on real estate law and whom are comfortable in the Court room.
Author: Damien D’Asenzio
*This article should not be construed as legal advice; no article or posting can replace the value of speaking with an attorney. The purpose of this article is to provide the general public with general information and should not be applied to any individual matter. If you are facing issues related to this matter, call the attorneys at Booth & Cook.