First DCA holds that 60 day deadline to challenge tax assessments does not apply to challenges to tax liens

In Genesis Ministries, Inc. v. Brown, Case No. 1D15-1310 (Fla. 1st DCA February 16, 2016), the First District Court of Appeal held that a challenge to a property tax lien does not need to be filed within 60 days of the certification of the tax roll. 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...

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...

Contract for sale of homestead property enforceable by specific performance

A married couple’s reliance on the protection against forced sale of homestead property in Florida Constitution, Article X, Section 4(a) to defend a specific performance action was rejected in Mirzataheri v. FM East Developers, LLC, 41 FLW D683a (Fla. 3rd DCA 2016). CONTINUE READING...

Fourth DCA again addresses foreclosure standing

Sometimes, even where the lender has the original note and introduces it into evidence at a trial in a foreclosure, the borrower challenges standing. CONTINUE READING...