November 27, 2024
ShareKelley Kronenberg Secures Appellate Victory in Complex Foreclosure Case
In a significant win for the mortgage servicing industry, Kelley Kronenberg Attorney Danielle Spradley successfully defended an appeal before Florida’s Second District Court of Appeal, preserving a $1.5 million foreclosure judgment for the lender.
The borrowers challenged the final judgment of foreclosure on two grounds, arguing that the lender failed to present sufficient evidence to (1) reestablish a lost note and (2) substantiate the interest damages awarded in the judgment. The appellate panel, consisting of Judges Silberman, Lucas, and Labrit, rejected these arguments and affirmed the trial court’s ruling in favor of the lender.
This victory upholds the original judgment of over $1.5 million and reinforces established precedent regarding evidence requirements in foreclosure proceedings involving lost notes. The case demonstrates the firm’s expertise in handling complex foreclosure litigation and appeals.
The case was affirmed per curiam by the Second District Court of Appeal, providing a decisive conclusion to this significant foreclosure matter.
Click here to learn more about Kelley Kronenberg’s Real Estate practice.
Stay abreast of the latest developments in real estate law with our newsletter, “In the Know: Real Estate Edition.” Get the latest issue here.