July 11, 2024

Kelley Kronenberg Secures Major Appellate Victory in $352K Foreclosure Case

Kelley Kronenberg Attorney Danielle Spradley of our Real Estate Division successfully represented our mortgage lender client before Florida’s Second District Court of Appeals.

The case originated from a foreclosure action initiated due to the borrower’s failure to make a mortgage payment on June 1, 2014. After a non-jury trial, the lower court entered a judgment in favor of our client. The borrower subsequently appealed this decision.

On appeal, the primary legal issue was whether enough evidence had been presented at trial to show that the required notice of default letter was mailed to the borrower before initiating foreclosure proceedings. The borrower had argued that the plaintiff failed to send the notice as required by the mortgage terms.

The Second District Court of Appeals Per Curiam Affirmed the lower court’s decision, citing precedent from Deutsche Bank Trust Co. Americas as Trustee for Residential Accredit Loans, Inc. v. Harris. This ruling confirms that sufficient evidence was presented to establish that the demand letter had been sent to the borrower before the lawsuit was filed.

This decision upholds the final judgment in our client’s favor, involving a total estimated exposure of $352,232.53.

While we recognize the gravity of foreclosure cases and their impact on individuals, we remain committed to providing effective legal representation for our clients in complex real estate matters.

For more information about our Mortgage Foreclosure and Default Services practice, click here.