SCOTUS to Consider City of Miami’s Predatory Lending Lawsuit Against Banks
By Courtney Gaver In a case that will have a direct impact on creditors, the U.S. Supreme Court has agreed …
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Recent Decision Highlights Importance of Maintaining Original Note Modifications
By Janet C. Owens As we have previously discussed , under Florida law, in a foreclosure action, a lender must …
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Does A Dismissal of a Foreclosure Action for Lack of Standing Prevent a Subsequent Action on the Same Default?
By Timothy D. Hedrick In Florida, a plaintiff seeking to foreclose a mortgage must have “standing” to foreclose the mortgage …
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Supreme Court Takes Broad Perspective of “Fraud” in Bankruptcy
In a win for creditors, the Supreme Court of the United States has taken an expansive view of the type …
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Property Buyers can be Held Liable for Sales and Use Taxes Owned by the Prior Owner
A purchaser of real property may be subject to liability for taxes, including sales taxes, owed by the Seller to …
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Decision Underscores Need for Specificity when Drafting Releases
By: Edward L. Kelly Many settlement agreements contain mutual releases by the parties of claims against each other. For …
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Replevin: A Remedy for Creditors
The Right of Replevin and What May Be Taken By Courtney Gaver Tracing its roots back to the common law, …
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Foreclosing First Mortgagees Not Liable for Additional Fees and Costs Incurred by HOA
By Janet C. Owens As we have previously discussed , although section 720.3085(2)(b), Florida Statutes, generally makes a subsequent owner …
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Fourth DCA Reaffirms that a Mortgagee Must Only Substantially Comply With Conditions Precedent to Foreclosure
By Timothy D. Hedrick and Mark S. Mitchell Often times, mortgages contain certain “conditions precedent” to foreclosure that require mortgagees …
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