Real Property Update -
Foreclosure / Standing: Dismissal for lack of standing was improper where foreclosing lender proved standing by special indorsement on the note and related indorsement timing evidence – Deutsche Bank...more
Real Property Update -
Foreclosure / Unclean Hands: Trial court erred by applying the unclean hands doctrine to bar foreclosure because there was no support for the application of this doctrine where there was no...more
Real Property Update -
Restraint on Alienation: Option clause in declaration, giving 814 Property a first option to purchase condominium unit, was an unreasonable restraint on alienation – 814 Prop. Holdings, LLC v. New...more
Real Property Update-
Foreclosure / Fee Judgment / Appellate Jurisdiction: On the facts presented, appellate court had jurisdiction to address whether litigant who obtained the fee judgment against Nationstar was a proper...more
Real Property Update -
Listing Agreement: Broker submitted evidence that sellers were first in breach of listing agreement before a particular clause in the agreement’s termination provision could have been implicated, as...more
Real Property Update -
Sale Contract / Force Majeure: Force majeure clause in parties’ vacant land sale contract did not apply to matters, like a planned unit development application, which was within buyer’s control –...more
Real Property Update -
Deed / Automatic Reverter: Deed to municipality was a fee simple conveyance with an automatic reverter clause, and section 95.36’s limitations period was inapplicable to that deed; instead, section...more
Real Property Update -
Foreclosure / Service of Process: Trial court properly denied the estate’s motion to quash service in a foreclosure lawsuit filed by the bank for the court’s failure to conduct an evidentiary hearing...more
Real Property Update -
Landlord-Tenant / Section 83.49: Landlord must strictly comply with notice requirements of section 83.49 before it may retain any portion of tenant’s security deposit – Wootton v. Iron Acquisitions,...more
Real Property Update -
Foreclosure / Clerk’s Registry Fees: Clerk was entitled to registry fees paid in connection with a sale that took place, even though sale was subsequently vacated – Lee Cnty. Clerk of Court v....more
Real Property Update -
Foreclosure / Bankruptcy: Trial court erred in entering final order precluding defendant from raising any defenses in foreclosure action based upon surrender in bankruptcy because (i) debtor only...more
Real Property Update -
Online Marketplace for Lodging / Arbitrability / Delegation to Arbitrator: Company’s terms of service incorporated by reference the AAA rules and clearly and unmistakably evidenced the parties’...more
Purchase & Sale Agreement / Fraud Disclaimer: Even though parties, in a purchase and sale agreement, stipulated that no fraud had been committed and that neither party had relied on the representations of the other party made...more
Foreclosure / Surplus Funds: Trial court erred in awarding surplus funds in association’s lien foreclosure sale to first mortgagee, as the owner of record (the mortgagor) on the date of the filing of the lis pendens was...more
Fla. Const., Art. VII, Sec. 3(a) / Ad Valorem Tax Exemptions / Municipal or Public Purpose: City was not entitled to ad valorem tax exemptions for its golf course and related facilities, despite owning said property, which...more
Foreclosure / Post-Judgment Allegations / Intrinsic Fraud: Allegations of fraud asserted by borrower seeking to undo her stipulation to final judgment of foreclosure in prior action were intrinsic, rather than extrinsic, and...more
Lease Option / Fair Market Value: While the market value of property subject to a lease-purchase option is generally determined as unencumbered by the lease, specific language instructing appraisers to use the fixed rental...more
HAMP / Loan Modification / Cause of Action: No independent cause of action for lender's failure to provide loan modification agreement under HAMP - Riano v. Bank of Am., N.A., Nos. 3D20-1260, 3D20-1473 (Fla. 3d DCA Jan. 19,...more
Real Property Update -
Devise of Homestead Property: Devise of Homestead Property: Decedent’s homestead property did not pass via decendent’s last will and testament because decedent made invalid devise of homestead...more
Real Property Update -
UCC / Security Interests: Eleventh Circuit certified to the Florida Supreme Court the following questions: (1) Is the "search of the records of the filing office under the debtor's correct name,...more
Real Property Update -
Lease / Claim of Lien: Trial court erred in its interpretation of section 713.10, Florida Statutes (2013), by granting summary judgment in favor of the lessor/owner, where the exception to lien...more
Financial Services Update -
TILA & RESPA / Business Purpose: Plaintiff’s loan was a business loan based on court’s review of the Ninth Circuit’s five-factor test to determine whether a loan was obtained primarily for...more
Real Property Update -
Foreclosure / Default: Trial court did not abuse discretion in determining that plaintiff’s counsel was not aware of the defaulting party’s intention to defend against foreclosure lawsuit – College...more
Real Property Update -
Eviction / Commercial Landlord-Tenant / Motion to Determine Rent: Based on the plain language of section 83.232, Florida Statutes, the trial court is constrained at the rent determination hearing to...more
With its recent decision in Hunstein v. Preferred Collection & Management Services Inc., which concluded that a debt collector’s mundane transmittal of consumer information to its dunning vendor ran afoul of the Fair Debt...more