January 2, 2019

Florida Appeals Court Says Lenders Can Recover Amounts Accrued Over Five Years Past Due

On December 26, 2018, Florida’s Fifth District Court of Appeal issued an opinion allowing recovery of amounts accrued more than five years prior to the filing of the foreclosure. Although the Court’s decision in William L. Grant v. Citizens Bank,…

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June 1, 2018

Protecting Tenants at Foreclosure Act of 2009 Is Coming Back

On May 24, 2018, Senate Bill 2155 became Public Law No: 115-174. One important provision contained in the new law brings back the Protecting Tenants at Foreclosure Act of 2009 (hereinafter “PTFA”). The key provision of the reinstated law allows…

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March 23, 2018

New Florida Legislation on Bankruptcy Surrender

In summary: Any foreclosure action filed after October 1, 2018 where the borrower has filed bankruptcy indicating: their intention to surrender the property; it has not been withdrawn; AND a final order discharging the debt or confirming the repayment plan…

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December 13, 2017

Curing Defaults in Chapter 13 Bankruptcy: Foreclosure Judgment or Loan Documents?

In Chapter 13 proceedings, the Bankruptcy Code empowers a Debtor to cure a prepetition default while maintaining the current contract payment with the creditor. As a tradeoff, all terms of the original loan documents are reinstated. While a relatively straightforward…

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October 19, 2017

Florida’s Second District Court of Appeal

3rd Party Purchaser No Standing to Contest – Pealer v. Wilmington Trust. Pealer v. Wilmington Trust Nat’l Ass’n, 2017 Fla. App. LEXIS 3643 (Fla. 2nd DCA March 17, 2017).  Florida’s Second District Court of Appeal (“DCA”) recently entered a per…

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October 18, 2017

Supreme Court Legal Update

U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt. In the case of Midland Funding, LLC v. Johnson, the Supreme Court of the United States determined that the Fair Debt Collection Practices Act (the “FDCPA”)…

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October 18, 2017

Bankruptcy Surrender Estops Foreclosure Challenge

Bankruptcy Surrender Estops Foreclosure Challenge Clay County Land Trust v. HSBC Bank USA, NA, Case No. 1D15-2113 (Fla. 1st DCA, June 14, 2017)(not final until time expires to file motion for rehearing and disposition thereof if filed). This is a…

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October 5, 2017

Arkansas Legal Update

In an effort to keep you informed of recent developments in state laws and cases, we write to inform you of two matters in the State of Arkansas: Survival of Condo Association Liens Post-Foreclosure and Lender Liability While the issue…

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July 5, 2017

New Case Law – 4th DCA – Standing

The Fourth District Court of Appeal just released the following two cases on standing: Bank of N.Y. Mellon Trust Co., N.A. v. Ginsberg, 2017 Fla. App. LEXIS 9647 (Fla. Dist. Ct. App. 4th Dist. July 5, 2017) This is a…

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July 1, 2017

Estoppel Reform Bill Victory

On June 14, 2017, Governor Rick Scott signed Senate Bill 398 into law, providing reformation of Florida’s association statutes. Effective July 1, 2017, Florida Statutes, 718.116, 719.108, and 720.30851 regarding condominium, cooperative, and homeowner associations, will be revised to modify…

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