Initial brief and other documents filed @flcourts in foreclosure attorneys’ fees case, Marie Ann Glass v. Nationstar Mortgage. http://www.floridasupremecourt.org/
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Marie Ann Glass seeks review of the decision of the Fourth District. Appeal in nationstar mortgage llc v.. Marie Ann Glass, pursuing an in rem action to foreclose a mortgage. complaint and requested attorney's fees pursuant to the terms of the. Nationstar filed its initial brief on September 26, 2016,
The Florida Supreme Court released an opinion in Glass v. Nationstar, SC17- 1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, borrower cannot utilize the attorney's fee provisions of the note and mortgage to secure prevailing party attorney's fees.
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Florida law follows the American Rule on attorney's fees, i.e. the loser does not pay. fees in a unsuccessful foreclosure is most often the mortgage's fee shifting provision.. The case is Marie Ann Glass v.. read for lender's counsel, can be found at Nationstar Mortgage LLC v.. 5th DCA 2016) and others.
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