Authenticating Evidence In Support of Summary Judgment
By: Adam B. Brandon Florida’s Fifth District Court of Appeal recently filed an opinion that emphasizes the importance of properly …
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The Lien Stripping Saga Continues in Chapter 7 Bankruptcy Cases
In the latest chapter of “lien stripping,” the Honorable Judge Erik P. Kimball of the Southern District of Florida, Bankruptcy …
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The Equal Credit Opportunity Act: Overview of Damages for Violations
As previously discussed on this blog, the Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants …
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Condominium Association Assessments in Mortgage Foreclosure Cases
Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. …
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Florida May Create New License for Structural Engineers
New legislation may soon create a separate structural engineering license in the State of Florida. The move toward structural licensure …
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Equitable Subrogation: Protecting Lien Position in a Foreclosure Action
By: Edward L. Kelly The doctrine of subrogation enables a party discharging another’s debt to step into the shoes of …
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Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years
On January 22, 2015, Representative Jay Fant introduced House Bill 501 , a bill aimed at reducing the current statute …
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Foreclosure Sales in Florida’s Federal Courts
By: Scott J. Kennelly and Jacy Owens Although typically foreclosure actions are brought in state court, lenders may occasionally find …
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Florida’s Public Records Law: What Your Private Company Should Know
Does your private company contract with government agencies? If so, your company may have records that must be disclosed to …
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Acceleration and Florida’s Five-Year Statute of Limitations
By: Adam B. Brandon Florida’s Third District Court of Appeal recently filed an opinion that illuminates when a lender’s acceleration …
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