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, ...
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 ...
Some new revisions to the Florida condo laws, contained in Chapter 718 of the Florida Statutes, have become effective as of July 1, 2017. A few of the notable changes are: 718.111(12)(c)(1) – A unit renter has a right to inspect and ...
The 5th DCA recently ruled that the trial court erred in distributing surplus to a 3rd party purchaser. FL Statute 45.033, states that surplus foreclosure proceeds are generally disbursed to owner of record (except in certain limited ...
Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida. Full opinion here. As previously discussed here, the ...
Plain English Summary: Florida law contains a statute, 559.715, which states that anytime one of your creditors sells the debt you owe to another creditor/company, they are supposed to send you written notice by mail telling you about ...
In a rather surprising move, the Second District Court of Appeal (2nd DCA) has ruled (full opinion here) that a bank DOES NOT have to send a borrower written notice prior to filing foreclosure of assignment of their mortgage to another ...