McBride Published in Law360 on Florida Court Ruling Regarding Foreclosure Litigation

Adams & Reese Partner Andrew McBride is published in Law360 for his article, “Why Florida Ruling is a Call to Action for Foreclosure Counsel”.

McBride discusses how a recent Florida appellate court decision has significantly raised the bar for foreclosure litigation in the state.

In Open Range Properties, LLC v. AmeriHome Mortgage Co., LLC (5D2024-1328), Florida’s Fifth District Court of Appeal reversed a foreclosure judgment because the trial court failed to provide specific findings in its summary judgment order, as now required by the 2021 amendment to Rule 1.510(a) of the Florida Rules of Civil Procedure. This rule mandates that courts clearly state the reasons for granting or denying summary judgment, including which facts are undisputed and how they entitle the movant to judgment as a matter of law.

The decision signals an end to the practice of issuing summary judgments without detailed, case-specific findings, and warns that noncompliance can result in costly delays, reversals, and increased expenses for lenders.

For banks, secured creditors, and their counsel, this ruling demands a more rigorous approach to foreclosure actions. Lawyers must meticulously prepare the evidentiary record, provide pinpoint citations, draft comprehensive proposed orders, and be vigilant during hearings to ensure compliance with the new standards.

McBride’s article emphasizes that this heightened scrutiny is part of a broader national trend toward greater judicial oversight of summary judgment motions, especially in high-volume litigation like foreclosures. To adapt, banks and their legal teams should update internal procedures, invest in technology, and stay informed about appellate developments to avoid adverse outcomes and efficiently resolve foreclosure matters.

McBride is a Partner in the Adams & Reese Tampa office. He has a diverse Florida-based litigation and transactional practice focused on real estate transactions, contract review and drafting, construction litigation, foreclosure, and other creditors’ rights matters.