Last week, the Supreme Court of Florida issued a landmark ruling to the benefit of homeowners in Mortgage Foreclosure Defense cases. An amicus curiae or “friend of the court” brief filed in the state’s highest court by The Ticktin Law Group provided the basis of the ruling.
The case, Nationstar Mortgage LLC v. Glass, was a dispute over appellate attorney fees for borrowers in foreclosure cases. The question at the heart of the issue was whether or not a homeowner is entitled to recoup their attorney fees against the bank. The court ruled in favor of the homeowner.
In the United States, each side pays its own attorney fees. This is known as the American Rule. Only when contractually obligated or mandated by statutory provisions can the court determine that the winning party’s attorney fees will be paid for by the losing side.
In the high court’s ruling, the contract between the homeowner and the bank was deemed valid. What does this mean for homeowners? If the bank had moved for its own attorney fees as the prevailing party and had lost, therefore, under the American Rule, the homeowner is entitled to have their attorney fees covered by the bank.
The ruling that was reversed by the Supreme Court was bad for homeowners. If the homeowners’ foreclosure attorneys defeated the bank on “standing,” or the assignment of the mortgage —a common defense—the court stated that the homeowner was then not entitled to receive their attorney fees.
The Supreme Court of Florida quashed that order. The Ticktin Law Group is cited on the order, and the logic Peter Ticktin supplied in the amicus brief proved instrumental in this landmark ruling for homeowners.
Fighting on Behalf of Homeowners Everywhere
The Ticktin Law Group has been at the forefront of the fight against the banks since the collapse of the housing market. It was our firm that unearthed the fraudulent ‘robo-signer’ scandal perpetrated by the banks. The evidence amassed in our files helped all 50 states attorneys general and the federal government obtain a $30,000,000,000 recovery. We have defended thousands of homeowners in foreclosure actions and can fight for you, too. To learn more, or schedule a free consultation, call (561) 232-2222 or complete our convenient contact form here to get started.