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Financial Services Law Insights and Observations

Florida AG Seeks to Advance Unfair and Deceptive Foreclosure Case

Foreclosure

Lending

On December 30, Florida Attorney General Pam Bondi (AG) filed a motion in the Fourth District Court of Appeal seeking to advance the state's investigation into whether certain law firms engaged in misconduct while foreclosing on Florida homeowners. In April, the appeals court ruled that the AG did not have authority to subpoena records from one of the law firms under investigation. The state cannot appeal that decision to the Florida Supreme Court unless it is certified as an issue of great public importance. Therefore, the AG has asked the Fourth District to certify to the state supreme court as such an issue the question of whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents to foreclose constitutes an unfair and deceptive practice under Florida law that may be investigated by the AG.

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