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Justia Weekly Opinion Summaries

Banking
January 8, 2021

Table of Contents

Page v. Deutsche Bank Trust Company Americas

Banking, Real Estate & Property Law

Florida Supreme Court

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Banking Opinions

Page v. Deutsche Bank Trust Company Americas

Court: Florida Supreme Court

Docket: SC19-1137

Opinion Date: December 31, 2020

Judge: Charles T. Canady

Areas of Law: Banking, Real Estate & Property Law

The Supreme Court concluded that a unilateral attorney's fee provision in a note and mortgage was made reciprocal to a borrower under Fla. Stat. 57.105(7) where the borrower prevailed in a foreclosure action in which the plaintiff bank established standing to enforce the note and mortgage at the time of trial but not at the time suit was filed, holding that the statutory conditions were met. The Fourth District Court of Appeal held that a borrower who successfully argues that the bank lacked standing at the time suit was filed could not rely on the contract to obtain attorney's fees under section 57.105(7). The Supreme Court reversed, holding that the borrowers were eligible to recover reciprocal fees under the statute because the conditions in the statute's two clauses were satisfied here.

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