Publications

The CFPB’s Final Rule Postpones the Effective Date of the TILA/RESPA Integrated Disclosures (“TRID”) Rule until October 3, 2015

By Robert E. Pinder It’s official – TRID will take effect on October 3, 2015. As we have previously discussed, ever since the Dodd-Frank Act mandated new, regime-changing, mortgage disclosures, the banking industry has been diligently preparing for the day that the Consumer Financial Protection Bureau (CFPB) implements a Truth-in-Lending Act (TILA)/Real Estate Settlement Procedures […]

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Significant Changes to Florida’s Growth Management Laws

By: Emily G. Pierce, Governmental and Regulatory Department   On May 14, 2015, the Governor signed into law legislation which includes significant changes to Florida’s growth management laws. The legislation includes provisions which: Eliminate the Developments of Regional Impact (DRI) review process Modify the sector planning process and clarify that amendments to sector plans must […]

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Bert Harris Act – Amendment to Law Clarifies Availability of Relief

By Edward L. Kelly and Karl R. Gruss When a State or local government law, regulation or ordinance in Florida decreases the value of the land at which it is directed, the affected landowner can invoke the Bert J. Harris, Jr., Private Property Rights Protection Act (the “Bert Harris Act”), § 70.001, Florida Statutes, to […]

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ARE JURY TRIAL WAIVER PROVISIONS NECESSARY FOR FORECLOSURES?

By Scott J. Kennelly and Janet C. Owens Jury trial waiver provisions are likely unnecessary for foreclosure actions. It is well-settled under Florida law that mortgage foreclosures are actions in equity, and therefore do not entitle a party to a jury trial. A recent decision by the Fourth District Court of Appeal makes clear that […]

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I Have a Judgment Against My Borrower. Now What?

By Timothy D. Hedrick and Mark S. Mitchell Obtaining a judgment against a borrower is only the first step in realizing collection on account of a defaulted debt. Assuming the borrower is unwilling to pay the debt in full or otherwise settle the debt with the lender, the lender then may engage in a process […]

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Lenders Beware: A New Statute Protecting Tenants in Foreclosed Homes

By Jon Sacks and Heather S. Nason Lenders in Florida should note a new statutory protection for residential tenants in foreclosed homes that may delay a lender’s ability to take possession after a foreclosure sale. On June 2, 2015, Governor Rick Scott signed HB 779, creating Florida Statute 83.561. The new statute requires that the […]

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