Author Archives: Matthew S. Sackel

Following a commercial eviction the landlord can accelerate rent

Typically, eviction of a commercial tenant does not terminate a lease under Florida law, or preclude the landlord from exercising its option to accelerate rent payments under the terms of the lease in the absence of any relevant modifying provisions in the lease agreement or evidence of landlord’s retaking possession for its own use. CONTINUE READING...

Distribution is improper when there are pending claims that have not been adjudicated

Even when a party prevails on its claims in an action seeking judicial partition of property, it may not be immediately entitled to a distribution when there is a pending counterclaim that has yet to be adjudicated. CONTINUE READING...

Failure of a lender to comply with conditions precedent to initiating a foreclosure absent prejudice does not constitute a defense to an otherwise valid note

In Caraccia v. U.S. Bank, N.A., the address used by the lender to send the default notice was ruled to be valid even though it was not the current property address because the PO Box address used was considered a valid address since it was provided by the owner to the U.S. Postal Service. CONTINUE READING...