Background history of Desbrunes v. U.S. Bank National Association
SAJ has represented hundreds of foreclosure defendants in over 470 foreclosure defense cases, beginning in 2007 at the start of the Great Recession. Since 2012, sajLAW has been representing homestead property owner Francois Desbrunes and (later in the controversy) potential heir Ronald Desbrunes. SAJ represented Francois Desbrunes in two consecutive homestead mortgage foreclosure trial court actions brought by U.S. Bank National Association. The first foreclosure action was filed on July 3, 2012. SAJ obtained entry of final judgment for defendant Francois Desbrunes on September 6, 2016. U.S. Bank filed a second foreclosure action regarding the same homestead property on February 4, 2019. Francois Desbrunes died on December 13, 2021. U.S. Bank N.A. obtained a final foreclosure judgment in favor of U.S. Bank N.A. on September 10, 2022. On behalf of Ronald Desbrunes (as a defendant improperly added to the trial court case and as a potential heir to the estate of his deceased father Francois Desbrunes), SAJ appealed the final judgment, arguing that the final foreclosure judgment was void and unenforceable due to the failure of U.S. Bank to timely substitute a personal representative of the estate of deceased defendant Francois Desbrunes as the proper party defendant within the trial court action in place of deceased defendant Francois Desbrunes.
On February 14, 2024, the 4th DCA entered a decision REVERSING the trial court's final foreclosure judgment
On February 14, 2024, in an unanimous decision, the Florida Fourth District Court of Appeal reversed the trial court's final foreclosure judgment. Download a copy of the Florida Fourth District Court of Appeal Decision below. Some of the issues addressed within the Court's opinion are paraphrased as follows:
- Because the court entered judgment in the absence of substitution of a personal representative of the estate of Francois Desbrunes, the final summary judgment of foreclosure is a nullity (i.e., it is void under the law).
- When the mortgagor died, his attorney [SAJ] filed a suggestion of death. U.S. Bank N.A. (as Appellee, mortgagee, and plaintiff in the trial court action) then moved to amend its complaint to add potential heirs of the decedent, including Ronald Desbrunes, as party defendants, which the trial court granted. Though timely filed and served, this motion was clearly improper under Florida Rule of Civil Procedure 1.260(a), which requires the joinder of the “proper parties.” For a deceased party, the joinder of the estate’s legal representative, such as the personal representative, is required.
- A decedent’s heirs are not legal representatives of the estate of the decedent.
- Appellee also secured the trial court’s appointment of an administrator ad litem and guardian ad litem to represent any unknown heirs. This too was improper.
- Trying to set the matter aright, the deceased mortgagor’s former attorney [SAJ] filed a motion to abate the action pending appointment of a representative for the estate, but this motion was denied.
- Accordingly, all action after the suggestion of death was a legal nullity and invalid because the proper party was not before the trial court. Reversal is required.
| sajlaw_desbrunes-u.s.bank_4th.dca_decision_2024.02.14.pdf |
On February 29, 2024 U.S. Bank as Appellee (and plaintiff below) filed:
- Appellee's Motion for Rehearing under Florida Rules of Appellate Procedure Rule 9.330(a)(2)(A);
- Appellee's Motion for Rehearing En Banc under Florida Rules of Appellate Procedure Rule 9.331(d); and
- Appellee's Motion for Certification to the Florida Supreme Court under Florida Rules of Appellate Procedure Rule 9.330(a)(2)(C).
On March 11, 2024 SAJ (on behalf of Ronald Desbrunes as Appellant) filed:
- Appellant's Response and Objection to Appellee's Motion for Rehearing under Florida Rules of Appellate Procedure Rule 9.330(a)(2)(A);
- Appellant's Response and Objection to Appellee's Motion for Rehearing En Banc under Florida Rules of Appellate Procedure Rule 9.331(d); and
- Appellant's Response and Objection to Appellee's Motion for Certification to the Florida Supreme Court under Florida Rules of Appellate Procedure Rule 9.330(a)(2)(C).
On April 2, 2024, SAJ filed: (1) Appellant's Response to Amici Curiae's Brief; and (2) Appellant's Objection to Amici Curiae's Brief. Download copies of Appellant's Response and Objection documents below.
| sajlaw_desbrunes-u.s.bank_4th.dca_response.to.amici.curiae.brief_2024.04.02.pdf |
| sajlaw_desbrunes-u.s.bank_4th.dca_objection.to.amici.curiae.brief_2024.04.02.pdf |
On May 8, 2024 the 4th DCA withdrew the initial decision entered on February 14, 2024 and substituted a revised opinion AFFIRMING the trial court's final foreclosure judgment
On May 8, 2024, again in a unanimous decision, the 4th DCA substituted a revised opinion AFFIRMING the trial court's final foreclosure judgment.
Contact sajLAW today regarding any possible void foreclosure judgment
SAJ is experienced regarding the necessary court documents, oral arguments, processes, and procedures that must be followed to successfully vacate a void court order or judgment. Contact sajLAW today to find out if we may be able to vacate a void foreclosure judgment entered against your deceased relative or benefactor, and then seek compensation on behalf of the estate of that person. Such compensation could then be distributed to the heirs or beneficiaries of the estate. If sajLAW accepts your case, our contingency fees will only be paid from any amount recovered on behalf of the estate of your deceased relative or benefactor. If there is no recovery, there will be no legal fees. sajLAW will not seek to recover any legal fees directly from an heir or beneficiary of an estate of a deceased homestead foreclosure defendant.