Perry Law Firm Florida

Florida Judgment Interest Rate

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

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Lis Pendens Termination Date

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 […]

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Reliance

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.

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Mortgage Cancellation

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.

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ABC Could Not Later File Bankruptcy

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 […]

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Florida Bar Exam

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/

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