June 18, 2025
ShareKelley Kronenberg Secures Victory in Complex Mortgage Foreclosure Trial
Kelley Kronenberg Attorney Danielle Spradley secured a significant trial victory for our mortgage servicing client in Orange County Circuit Court, obtaining a final judgment of foreclosure for approximately $943,000.00 after overcoming 11 separate affirmative defenses in a heavily contested case.
The case involved a mortgage foreclosure based on a June 1, 2014 default date that had been heavily litigated since filing in 2019. The defendants raised an extensive array of affirmative defenses including lack of standing, statute of limitations, laches, failure to comply with federal and state statutory requirements, unclean hands, waiver and estoppel, statute of repose, and denial of conditions precedent.
The complexity of the case was evident when an initial motion for summary judgment was denied, necessitating a full trial on the merits. Danielle prepared meticulously for the two-day trial that took place on January 7-8, 2025.
During trial, Danielle systematically addressed each of the 11 affirmative defenses, presenting compelling evidence and legal arguments to establish her client’s right to foreclose. The judge was particularly focused on two key defenses: the failure to pay documentary stamps under Florida Statute 201.08 and the statute of repose under Florida Statute 95.281.
Following the conclusion of evidence, the judge requested additional post-trial argument specifically addressing these two critical issues. Danielle’s thorough legal briefs and persuasive advocacy convinced the court that the documentary stamps due on the note had been properly paid prior to recording the mortgage, and that the statute of repose did not bar the action for the obligations sought.
The judge ruled decisively in favor of the plaintiff, finding that Danielle had successfully overcome all 11 affirmative defenses raised by the defendants. The court entered a final judgment of foreclosure for approximately $943,000.00, plus attorney’s fees of approximately $30,000.00.
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