Kelley Kronenberg Partner Danielle Spradley secured a final judgment in a contested in rem foreclosure action filed in the Circuit Court of the 17th Judicial Circuit in Broward County, following a bench trial on June 8, 2026. 

The action stemmed from a default on the note for failure to make the September 1, 2024 payment. The borrower passed away on October 8, 2024, and one of the heirs, who also served as personal representative of the estate, contested the action. 

The defense mounted an aggressive challenge, filing eleven affirmative defenses that raised failure to satisfy conditions precedent, improper charges, failure to mitigate damages, and lack of standing. At trial, the defendant also challenged the servicer’s authority to represent the plaintiff in the matter, arguing that the Limited Power of Attorney was required to specifically identify the subject loan in order to confer standing. 

Danielle successfully argued that the plaintiff had established its prima facie case and that the standing challenge lacked merit. The Court agreed, entering final judgment in the plaintiff’s favor in the amount of approximately $215,500, with a foreclosure sale scheduled and attorney’s fees reserved for further determination. 

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