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...
Author Archives: Al LaSorte
No right to jury trial in foreclosure, even where lender seeks money judgment on promissory note
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...
Does Florida’s homestead protection from creditors extend to sale proceeds invested in securities?
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 – the good, the bad and the ugly
Reforeclosure can be an effective tool for eliminating omitted subordinate liens. But it has a catch! CONTINUE READING...
Impossibility defense to enforcement of deed restriction may be based on government denial of permit
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...
