Glass v. Nationstar Mortgage, LLC
After Nationstar voluntarily dismissed its appeal from an order dismissing its foreclosure complaint with prejudice, the Fourth District denied the borrower appellate attorney's fees, reasoning that a party who prevails by arguing the plaintiff lacked standing under the contract cannot invoke the contract's fee provision through section 57.105(7). The Florida Supreme Court quashed, holding that a voluntary dismissal of an appeal makes the opposing party the prevailing party for appellate fee purposes, and that because a reverse mortgage contract indisputably existed, the borrower could invoke the reciprocity provision even if the lender failed to prove it was the rightful successor in interest.
Key facts
- Nationstar Mortgage, LLC appealed an order dismissing its foreclosure complaint with prejudice against a borrower on a reverse mortgage, then voluntarily dismissed the appeal.
- The Fourth District denied the borrower's request for appellate attorney's fees, reasoning that a party prevailing on lack of standing grounds could not invoke the mortgage contract's fee provision.
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Why it matters
This is the Florida Supreme Court's key (though later receded-from in Nationstar v. Glass on rehearing-related developments) pronouncement that foreclosure defendants who defeat a lender on standing grounds can still… — full analysis with a trial
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