News

By Edward L. Kelly An equitable lien may provide a Florida creditor relief in scenarios where Florida’s broad homestead protections would otherwise bar the forced sale of homestead property. But a string of cases following the 1993 decision of the Florida Supreme Court in the case of Palm Beach Savings & Loan Association v. Fishbeinpresents a misleading picture of what a creditor... read more

By Edward L. Kelly Parties claiming a violation of the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq., need not prove intentional discrimination to prevail, according to a recent ruling handed down by the United States Supreme Court. So long as a claimant can show that a practice or policy results in a disproportionately negative effect on housing opportunities when... read more

By Edward L. Kelly 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 obtain compensation for the actual loss to the fair market value of the real... read more

By Edward L. Kelly The Supreme Court has agreed to address a split between circuits that emerged last summer centering on whether the Equal Credit Opportunity Act (the “ECOA”) permits financial institutions to require the spouse of a loan applicant to guaranty the loan. The Court will seek to answer two unresolved questions: 1.  Are “primarily and unconditionally... read more

By: Edward L. Kelly Your client, an individual, walks into Friendly Bank and presents for payment a check in the amount of $100.00, drawn on Friendly Bank and payable to the order of your client. The bank teller asks if your client has an account with Friendly Bank, to which the response is “no”. The teller then advises your client that Friendly Bank is happy to cash the check, but... read more