Paul Brinkmann | South Florida Business Journal |
“An apparent oversight by JPMorgan Chase Bank recently led to the dismissal of a foreclosure on Valerie Kaan’s $8 million waterfront home in Boca Raton.
The bank requested dismissal of the 2008 case when Kaan’s attorney, Roy Oppenheim, objected to the sudden appearance of the original note on the loan. The bank had previously said the note was lost, Oppenheim said.
“We don’t have trials by ambush in this country,” he said. “You have to follow rules of procedure.”
Palm Beach County Senior Judge Roger Colton signed the dismissal on July 25, and ordered that Kaan is entitled to fees and costs in the five-year-old case.
Oppenheim said it’s not unheard of for a bank to withdraw a foreclosure under such circumstances, but noted the Kaan case was unusual because of its size and age.
“I suppose they could try filing a new case if they want, but they’ll have to pay my fee first,” he said.”