Category Archives: Foreclosures

If I drop my FDUTPA claim because I realize I can’t prove actual damages, am I still liable for the defendant’s attorney’s fees?

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. CONTINUE READING...

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...

Trying to back out of a settlement agreement? Think again.

A court must enforce a settlement agreement and enter a final judgment of foreclosure when both Parties agree to the terms of an agreement even where the foreclosing party is unable to produce the original promissory note because Florida law highly favors settlement. 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...

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...