NUDEL v. FLAGSTAR BANK, FSB

No. 4D10-3001.

60 So.3d 1163 (2011)

Tatyana NUDEL, Appellant, v. FLAGSTAR BANK, FSB, Unknown Spouse of Tatyana Nudel, Mortgage Electronic Registration Systems, Inc. as Nominee for Flagstar Bank, FSB, Palm Beach County, Adorno & Yoss, LLP, Unknown Tenant(s) in Possession, and All Other Unknown Parties, including, if a named Defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties claiming, by, through, under or against that Defendant, and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described Defendants, Appellees.

District Court of Appeal of Florida, Fourth District.

May 18, 2011.


Attorney(s) appearing for the Case

Enrique Nieves of Ice Legal, P.A., Royal Palm Beach, for appellant.

William T. Viergever of Sonneborn Rutter Cooney & Klingensmith, P.A., West Palm Beach, for appellee Flagstar Bank, FSB.


GROSS, C.J.

In this case we hold that a defendant is entitled to recover her attorney's fees as a prevailing party under subsection 57.105(7), Florida Statutes (2009), after the court granted a motion to dismiss a mortgage foreclosure action and dismissed the case without prejudice.

On June 30, 2009, Flagstar Bank sued Tatyana Nudel to foreclose a mortgage. According to the mortgage, Flagstar was defined as the "lender" which lent Nudel $220,000; Mortgage...

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