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...

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...

Fourth DCA opines on when a tenant can claim constructive eviction and a landlord’s damages after a tenant vacates

In the 2015 case of Griffin Industries, LLC v. Dixie Southland Corp., the Fourth District Court of Appeal addressed two issues that frequently arise in landlord-tenant litigation: (i) on what basis a tenant may claim constructive eviction; and (ii) a landlord’s damages after a tenant vacates the premises. 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...

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...

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