August 30, 2024
ShareKelley Kronenberg Prevails in Complex Foreclosure Case
Kelley Kronenberg Attorney Danielle Spradley of the firm’s Real Estate Division secured a favorable outcome for our mortgage lender client in a non-jury trial before the Circuit Court of the 6th Judicial Circuit in and for Pinellas County. The case involved a foreclosure action stemming from a June 1, 2014 default, complicated by a previous foreclosure action and a subsequently lost note. The damages sought exceeded $1.4 million.
The matter required Danielle to navigate multiple legal challenges, including the re-establishment of a lost note and proving the validity of the foreclosure action. The defendant raised defenses of payment and accord and satisfaction, adding to the case’s complexity.
Danielle’s legal strategy focused on demonstrating several key points to the Court. She needed to prove that the plaintiff had standing to bring the action, that the note could be reestablished and was valid and enforceable, that the note was in default, that the defendant was validly and timely noticed of the default, and that the note continued to be in default with damages owed to the plaintiff.
Danielle’s thorough preparation and effective courtroom presentation resulted in a favorable outcome for our client. The Court returned a judgment in favor of the plaintiff, validating Danielle’s legal arguments and strategy.
The outcome of this case underscores the importance of skilled legal representation in navigating the intricacies of real estate law and foreclosure proceedings.
Click here to learn more about Kelley Kronenberg’s Mortgage Foreclosure and Default Services practice.
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