Perry Law News and Features

Calculating Foreclosure Deficiencies

Posted on December 29th, 2016

Florida’s 5th DCA recently held (in 2016 WL 7405629) that a trial court “has discretion to find a different value than that provided by either expert, if the trial court provides an articulable, factual basis for doing so that is supported by competent substantial evidence contained in the record.”

Foreclosure Certificates

Posted on November 29th, 2016

The 1st DCA recently held in BofA v. Leonard 2016 WL 6684200 that it was error to dismiss a foreclosure action on the ground the certification failed to comply with the statutory requirements.

Mail-In Ballots

Posted on October 26th, 2016

A Florida federal court judge ruled that the State must first notify voters whose mail-in ballot signatures don’t match the ones on file before the State can cancel their vote.

Lis Pendens Termination Date

Posted on August 29th, 2016

Florida’s 4th DCA recently heard a case (2016 WL 4468134) concerning the termination date of a lis pendens.  The court concluded “the list pendens therefore logically must terminate along with the action.  The ‘action’ in this case was the foreclosure action initiated by the non-party bank, which terminated thirty days after the court’s issuance of a final judgment.”  Thus, in foreclosure cases where the sale date is extended out the foreclosing party should be cognizant of any liens and their implications.