August 7, 2024
ShareKelley Kronenberg Secures Summary Judgment in $929k+ Foreclosure Case
Kelley Kronenberg Attorney Danielle Spradley, representing our mortgage lender client, prevailed on a Motion for Summary Judgment before Judge Charles Johnson in Florida’s Eleventh Judicial Circuit in and for Miami-Dade County.
The case stemmed from a borrower’s default on mortgage payments dating back to October 1, 2005. Our client sought damages of $929,728.68, facing opposition from the defendant who raised 23 affirmative defenses.
In her legal strategy, Danielle effectively addressed several critical points. She successfully demonstrated that our client had standing to bring the action, established that the borrower had indeed defaulted on the loan terms, proved that the loan was properly accelerated, and justified our client’s entitlement to the claimed damages.
The Court’s order, issued on July 12, 2024, explicitly stated that our client “has shown that there is no genuine dispute as to any material fact and the plaintiff is entitled to judgment as a matter of law.” The judge noted that Danielle presented the Motion for Summary Judgment and Request for Attorney’s Fees, supported by several affidavits, which established all elements of the cause of action for mortgage foreclosure. These included the borrower’s agreement to pay installment amounts, the default under said agreement, and liability for amounts due.
Importantly, the court recognized that our client proved standing to bring the action as the owner and holder of the subject note had complied with all conditions precedent, and that our client’s mortgage lien was superior to all named defendants.
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