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In an opinion issued on December 31, 2020, the Florida Supreme Court resolved a certified conflict between several of the Florida appellate courts as to whether borrowers who prevail on an argument that the lender lacked standing at the time of filing of a foreclosure complaint can recover their attorneys fees as the prevailing party. In
Page v. Deutsche Bank Trust Co. Americas, et al., Case No. SC19-1137 (Fla. Dec. 31, 2020), the Florida Supreme Court answered that question with a clear and decisive YES.
The Court determined that the fee-shifting provision outlined in Florida Statute, §57.105(7) allows prevailing borrowers to recover attorneys fees when the underlying mortgage contract contains a unilateral fee provision. The Court found that the issue boiled down to statutory interpretation, and that borrowers cannot be prohibited from using the fee-shifting argument to recover fees, even if there is a determinat