Bankruptcy Surrendering Property and Foreclosure Defenses
The 11th Circuit recently held in In re Failla 2016 WL 5750666 that if debtors surrender property in bankruptcy they can no longer defend in the foreclosure action.
Read More...The 11th Circuit recently held in In re Failla 2016 WL 5750666 that if debtors surrender property in bankruptcy they can no longer defend in the foreclosure action.
Read More...Effective October 1, 2016 Florida’s judgment interest rate shall increase to 4.91%. For more information visit: http://www.myfloridacfo.com/Division/AA/Vendors/default.htm
Read More...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 […]
Read More...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.
Read More...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.
Read More...A pending change to Rule 5-1.1 would allow state and federally chartered credit unions to host attorneys’ IOTA program trust accounts.
Read More...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 […]
Read More...Perry Law’s offices will be closed for Thanksgiving on Thursday 11/26 and Friday 11/27.
Read More...Congrats to all the new members who just passed the Bar! http://abovethelaw.com/2015/09/guess-which-law-school-dominated-the-florida-bar-exam-its-not-who-youd-expect/
Read More...The Fund Concept Volume 47 (September 2015) recently published a survey on who customarily pays documentary stamp taxes and owner’s title insurance premiums as part of a commercial transaction. The results are summed up in the following chart: Article – Who Pays for Taxes by County
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