Because she won the case by claiming she wasn’t a party to the mortgage, she had no right to rely on that mortgage’s fee provision. CONTINUE READING...

Florida’s foreclosure statute expressly provides that both foreclosure and deficiency proceedings are the province of the court, not a jury. (Section 702.06, Fla. Stat.) CONTINUE READING...

What if the owner sells the property and invests the sale proceeds in securities while looking to buy a replacement homestead? Can a judgment creditor grab the proceeds, or are they still protected? CONTINUE READING...

Reforeclosure can be an effective tool for eliminating omitted subordinate liens. But it has a catch! CONTINUE READING...

A restaurant owner successfully asserted impossibility in defense of a suit seeking to compel it to rebuild a gate in Marathon Sunsets, Inc. v. Coldiron, 41 FLW D685a (Fla. 3rd DCA 2016). CONTINUE READING...