Florida’s 3rd District Court of Appeal out of Miami recently expanded the rejection of statute of limitations in foreclosure cases in U.S. Bank National Assoc., Trustee v Morelli, et al., Case No. 3D17-286 (Fla. 3d DCA June 6, ...
Section 720.306(1)(e) of the Florida Statutes recently amended to go into effect on July 1, 2018 requires that an amendment to any of the “governing documents” is effective when it is recorded. The HOA statutes were amended a few years ...
Wells Fargo will pay the Consumer Financial Protection Board (CFPB) and the Office of Comptroller of the Currency (OCC) a total of $1 billion to settle various investigations into lending practices; $500 million to each regulator. The ...
Recently on March 28, 2018, the governor signed House Bill 841 amending Sections 718 and 720 of the Florida Statutes concerning condominiums and HOAs. Some notable changes: HOA: Members of the Board may use e-mail as a means of ...
Under 718 (condos) and 720 (HOAs), owners have the right to view the official records of the association. This then leads to the question of what exactly encompasses the “official records.” In the arbitration case of ...
Typically after a foreclosure sale, if the lender retakes title which happens in many cases, its liability to the HOA for the former owner’s assessments are limited to the lesser of 1% of the original mortgage amount or 12 months ...
HSBC Bank USA, Nat’l Ass’n, etc. v. Buset, No. 3D16-1383 (Fla. 3d DCA Feb. 7, 2018)- the court made many significant holdings to foreclosure law gong forward. First, that a note IS in fact a negotiable instrument, the negotiability of ...
The 5th DCA recently held in Velden vs Nationstar Mortgage, 5D16-3628 (January 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ...
A few interesting cases to note: Gunning vs. Equestleader.com, Inc., 2D16-2214 (Fla. 2d DCA October 13, 2017): The Curt found that once the parties entered into a contract for purchase of real property, that if buyer came upon the ...
All Florida residents recovering from hurricane Irma should immediately begin getting their claims in for damage to their properties. With the extent of the damage across the state, claims could take longer than average to process and ...