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.
Perry Law News and Features
A Massachusetts court recently held that a series of text messages successfully formed a contract to buy/sell real property. The case highlights the importance to pay attention to all correspondences and digital information in conducting your business.
Thinking about buying a franchise? Perry Law can help with your due diligence, negotiations, review and more. Please contact us for more information.
Often businesses file articles on SunBiz to legally form the company but stop there. Perry Law can help with the remaining organizational documents like bylaws, minutes, resolutions, waivers and more. Please contact us for more information.
The 5th DCA in Billington v. Ginn-La Pine Island (Case No. 5D14-2177) recently certified to the Florida Supreme Court several questions as to reliance and waiver clauses in real estate contracts in the face of fraudulent misrepresentation claims.
Effective July 1, 2016 Florida Statute 701.03 will be revised from giving lenders 60 days to 45 days to satisfy a mortgage. Note, there is a second provision addressing open-ended mortgages.
Arizona Court Holds No FDCPA Violation for Collecting/Enforcing a Debt Regarding Ex-Spouse’s Discharged Debt
U.S. District Court for Arizona recently decided in Parker v. First Step No. CV-15-01217-PHX-GMS that there was no FDCPA violation for the creditor collecting/enforcing a debt regarding ex-spouse’s discharged debt –
A pending change to Rule 5-1.1 would allow state and federally chartered credit unions to host attorneys’ IOTA program trust accounts.
In a recent decision – 2015 WL 9241140 – the 11th Circuit held that after a business executed an assignment for the benefit of creditors the appointed assignee could not then subsequently file the business into a bankruptcy. However, the Court did leave the door open that an assignment could potentially expressly confer this power. The case illustrates the importance in planning the wind down of a company and evaluating all options.
AboveTheLaw has posted a great article about another company suing after a negative online review – http://abovethelaw.com/2015/09/florida-moving-company-attempting-to-sue-its-way-back-to-yelp-respectability/. When a company receives a negative rating it should carefully evaluate all of its options, which includes but doesn’t end with lawsuits.