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Mortgages › Foreclosure › Florida

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Lowndes

Buying Distressed Real Estate in Florida: 6 Strategies Every Investor Should Know

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This article is the first in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring...more

Adams & Reese

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

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A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

Bradley Arant Boult Cummings LLP

The Case For Overturning Florida Foreclosure Ruling

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In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

Bradley Arant Boult Cummings LLP on

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

King & Spalding

Florida Bankruptcy Court Holds That Lenders Must Specify Post-Judgment Interest Rates in Addition to Post-Default Rates in Loan...

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On November 21, 2022, the U.S. Bankruptcy Court for the Southern District of Florida sustained the debtors’ objection to mortgage lender Benworth Capital Partners, LLC’s proof of claim and held that the state’s statutory...more

Lowndes

Foreclosure Moratorium Update

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Early in the response to the COVID-19 pandemic, various foreclosure moratoriums effecting Florida real estate were issued. The U.S. Department of Housing and Urban Development (HUD) issued a moratorium on all foreclosures of...more

Fox Rothschild LLP

Florida Lifts Bans On Evictions, Foreclosures

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Along with moving Florida into Phase III of reopening, Gov. Ron DeSantis has lifted Florida’s modified eviction and foreclosure bans, which were memorialized in Executive Order 20-180, issued on July 30. That means that...more

Lowndes

Governor DeSantis Extends Florida's Moratorium on Evictions and Foreclosures to October 1

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On Monday, September 1, 2020, Florida Governor Ron DeSantis extended (for a fifth time) a previous executive order that suspended and tolled the Florida statutes that provide for final action at the conclusion of a...more

Roetzel & Andress

Florida Governor Extends Mortgage Foreclosure And Eviction Relief Until Oct. 1

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Florida Governor Ron DeSantis issued a new executive order that extends mortgage foreclosures and eviction relief until October 1. Executive Order 20-211 does not make any further changes, but only extends the same language...more

Burr & Forman

Florida Governor Renews Housing Protections for Florida Families

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Florida, like the majority of the United States, has enacted several economic protections in response to the coronavirus pandemic, including eviction moratoriums for the non-payment of rent. ...more

Burr & Forman

Florida Commercial Mortgage Holders Receive Foreclosure Clarification

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On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180, which extended the moratorium on residential tenant evictions and residential mortgage foreclosures in the state through the month of August....more

Bilzin Sumberg

Further Extension of Governor’s Order Prohibiting Evictions and Foreclosures in Florida

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Governor DeSantis previously issued Executive Order 20-94 on April 2, 2020, suspending and tolling any statute providing for a mortgage foreclosure or residential eviction due to non-payment of rent that, after several...more

Lowndes

Governor DeSantis Extends Eviction and Foreclosure Moratorium until September 1

Lowndes on

On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180 that extended (for a fourth time) his previous executive order which effectively put a moratorium in place on mortgage foreclosures and residential...more

Fox Rothschild LLP

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

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On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Lowndes

Governor DeSantis Extends Moratorium on Evictions and Foreclosures until August 1

Lowndes on

This week, Florida Governor Ron DeSantis extended, for a third time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and...more

Bilzin Sumberg

Legal Magic: Turning Real Property Foreclosures Into Uniform Commercial Code Sales

Bilzin Sumberg on

Remedies for defaults under loans secured by real property varies on a state-by­-state basis. In the eastern part of the country, enforcement is mostly by mortgage foreclosure. In the western states, there are enforcement...more

Burr & Forman

Florida Governor Orders 45-Day Suspension of Foreclosure and Eviction Statutes

Burr & Forman on

On April 2, 2020, in light of the COVID-19 pandemic, Governor Ron DeSantis of Florida entered Executive Order 20-94, requiring a 45-day suspension of “any statute providing for a mortgage foreclosure cause of action under...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

Carlton Fields on

Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

Carlton Fields on

Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 5, 2019

Carlton Fields on

Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

BakerHostetler

Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

BakerHostetler on

On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law. The bill is designed to limit the ability of defendants in foreclosure proceedings to keep contesting the foreclosure after agreeing, in bankruptcy, to...more

Burr & Forman

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

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On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

Ballard Spahr LLP

U.S. District Court for the Southern District of Florida Narrows the Definition of Borrower Under RESPA

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In 2014, the Consumer Financial Protection Bureau (CFPB) promulgated a number of mortgage servicing rules, including rules governing loss mitigation procedures. ...more

Shutts & Bowen LLP

Everything You Need To Know About Florida Deficiency Judgments – Part II

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A foreclosure judgment, followed by sale of the mortgaged property, doesn’t necessarily end a foreclosure case. If the sale proceeds don’t fully pay the debt, the next step is a money judgment against the borrower for the...more

Balch & Bingham LLP

Still No “Free House” in Florida – Florida Supreme Court Denies Motions for Rehearing in Bartram

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On March 16, 2017, the Florida Supreme Court solidified the position of its November 3, 2016 opinion in Bartram v. U.S. Bank, N.A., SC14-1266, 2016 WL 6538647 by denying the motions for rehearing filed in response to the...more

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