Perry Law News and Features

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.


Organizational Documents

Posted on June 28th, 2016

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.


Reliance

Posted on May 27th, 2016

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.


Mortgage Cancellation

Posted on April 28th, 2016

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.