Perry Law Firm Real Estate and Title

Calculating Foreclosure Deficiencies

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.”

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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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DoubleTime 7.0

For those of you who use DoubleTime software to help with closings a new version – 7.0 – is being released in August, 2015.  The Fund is currently hosting training events for the same.

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CFPB/TRID Rules Pushed Back

CFPB/TRID Rules’ effective date have been pushed back from August 1, 2015 to October 1, 2015.  The Rules were pushed back, in part, to accommodate families busy with going to back to school.

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Florida’s Labyrinth: the Homestead Exemption

Under Florida law, there are multiple types of Homestead exemptions, including, but not limited to: 1) exemptions from forced sale Art. X, Section 4(a) of the Florida Constitution 2) restrictions of devise and alienation Art. X, Section 4(b) of the Florida Constitution 3) exemptions from taxation Article VII Section 6(a) of the Florida Constitution Florida’s […]

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CLLA Southern Region Marketing Conference

The Commercial Law League of America will be holding their Southern Region Marketing Conference in Tampa, Florida in February, 2015. To see more details follow the link – http://www.clla.org/events/default.cfm?action=event_details&event=300

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Disinterested Appraiser

A recent Florida 5th DCA case examined the issue can a party’s own attorney serve as a disinterested appraiser?  The Court answered the question in the negative, stating ‘if an appraiser owes his nominating party a fiduciary duty of loyalty or a confidential relationship, as do attorneys, then the existence of such a relationship between a […]

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