April 4, 2024
ShareKelley Kronenberg Secures Summary Judgment in Mortgage Foreclosure Case
Kelley Kronenberg Attorney Danielle Spradley, of the firm’s Mortgage Foreclosure and Default Services Division, represented our lender client with remarkable success. Danielle prevailed on a Motion for Summary Judgment in a significant 2011 case transferred to our office from another firm. This matter was heard in the Circuit Court of the 13th Judicial Circuit in Hillsborough County, Florida, by the Honorable Emily Peacock.
The case stemmed from the borrower’s default on the note and mortgage, specifically for failing to make the mortgage payment due on August 1, 2009. Despite several delays due to the borrower’s multiple bankruptcies, Danielle adeptly navigated the legal complexities.
The claims and causes of action were clear: the borrower breached the terms of the note and mortgage by failing to make the stipulated payment. Pursuant to these breaches, our client sought a judgment totaling $624,664.22.
Throughout the proceedings, Danielle effectively addressed various defenses raised, including challenges to our client’s standing, inaccuracies in payment history, entitlement to enforce the note, and alleged failure to satisfy conditions precedent.
In her legal analysis, Danielle demonstrated the plaintiff’s standing to maintain the action, evidenced by possession of the original note and compliance with required notices. The Court concurred with our explanations regarding the application of funds received through the bankruptcy trustee.
Ultimately, the Court ruled in favor of the plaintiff, entering a judgment of $623,214.22. The Court’s order highlighted the absence of genuine disputes as to material facts and affirmed the plaintiff’s entitlement to judgment as a matter of law.
We extend our gratitude to Janet Leyva-Maceira for her invaluable assistance in clarifying the intricacies of the bankruptcy payments, a key component of our success.