Tag Archives: creditor’s rights

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...