The Fourth District Court of Appeal on Wednesday reversed two foreclosure judgments awarded to lender Green Tree Servicing LLC, sending both cases back to Broward Circuit Court.
In one case, the appellate panel ruled against Green Tree on counterclaims filed by homeowners Ari and Daphna Shahar. Two members of the three-judge panel accepted their affirmative defense alleging Green Tree had unclean hands, but the entire panel rejected several other counterclaims, according to the opinion written by Judge Cory J. Ciklin. Judge W. Matthew Stevenson concurred. Judge Dorian K. Damoorgian dissented.
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