Real Property & Title Insurance Update: Week Ending April 28 & May 5, 2017

REAL PROPERTY UPDATE

• Foreclosure: final summary judgment in borrower's favor inappropriate where borrower merely asserted that lender mistakenly filed copy of original note with court, instead of original, and where borrower failed to establish that plaintiff could not prevail at trial - ALS Maxim I LLC v. Katsenko, Case No. 2D15-5153 (Fla. 2d DCA May 3, 2017) (reversed and remanded)
• Foreclosure:  where foreclosing bank's witness unable to testify as to procedures used to "board" payment histories onto successor bank's computers, proper remedy was to remand for further proceedings, rather than dismiss action - Evans v. HSBC Bank, USA, N.A., Case No. 2D15-433 (Fla. 2d DCA May 5, 2017) (reversed in part, affirmed in part, and remanded)