King, Nieves & Zacks is proud to announce here on its Florida foreclosure process blog that Florida foreclosure, bankruptcy, and civil attorney Enrique Nieves has scored another appellate victory. In the appellate win, the Fourth District Court of Appeals held that summary judgment against a homeowner was improperly granted because the Bank failed to comply with the Florida Rules of Civil Procedure.
After the appellate win, Nieves remarked that
“The appellate courts are putting lower courts on notice that they have to follow the rules of civil procedure.”
One of the unique aspects of the Florida foreclosure process is that judicial oversight of all foreclosures is written into our state laws. This is in contrast to what are called non-judicial foreclosure states, wherein lenders and banks can foreclose on homeowners after simple notice and a certain time period elapsing. However, in the backlog of cases during the foreclosure process in Florida, some jurisdictions have attempted to speed up the process without regard to externalities such as vacancy or blight, or, in certain cases, without regard to the rules of civil procedure.
We are proud that Enrique Nieves has again emphasized the need for courts and litigants to do their best to strictly adhere to the rules of procedure, which can help to ensure a fair playing field in court for both homeowners and banks.