May 14, 2024

Kelley Kronenberg Secures Victory in Mortgage Foreclosure Case

Kelley Kronenberg Attorney Danielle Spradley, from the firm’s Mortgage Foreclosure and Default Services Division, recently secured a significant victory in the Circuit Court of the 13th Judicial Circuit in Hillsborough County, Florida. Representing the plaintiff, a mortgage lender, Spradley prevailed at a non-jury trial presided over by the Honorable Judge Christopher Nash.  

The case stemmed from the defendant’s failure to meet their payment obligations under the note and mortgage, beginning April 1, 2010. Despite a prior unsuccessful foreclosure action in 2010, the defendant contested the foreclosure, alleging lack of standing by the plaintiff and asserting twelve other defenses. Following a motion for summary judgment, granted in part and denied in part on September 27, 2023, only the plaintiff’s standing, satisfaction of conditions precedent, and damages remained contested.  

Through evidence and testimony provided by the plaintiff’s corporate representative and loan servicer, Spradley demonstrated the plaintiff’s standing. Additionally, evidence supporting the notice of default and the damages incurred due to the defendant’s non-payment were presented successfully. 

Ultimately, the court delivered a judgment in favor of the plaintiff, determining the value of the claim to be $259,554.21, exclusive of attorney’s fees.  

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