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…
May 8, 2017
House Bill 2506 – Electronic Sales Fee
Florida House Bill 2506 Section 7 amended FL St 45.035 (3) to include a service charge not to exceed $70 for conducting electronic sales. Most importantly, the responsibility for payment has shifted to the plaintiff to be paid prior to…
December 19, 2016
Florida Statute of Limitations Law Update
As an update to the Statute of Limitations law in Florida, both the borrower Lewis Bartram, and the second mortgagee Gideon Gratsiani, have filed separate Motions for Rehearing, and alternatively, for clarification of the Court’s Opinion that was rendered on…
November 3, 2016
Florida Supreme Court Approves the 5th DCA’s Opinion in Bartram
The Florida Supreme Court released the attached opinion, which answers the following certified question in the negative. “DOES ACCELERATION OF PAYMENTS DUE UNDER A RESIDENTIAL NOTE AND MORTGAGE WITH A REINSTATEMENT PROVISION IN A FORECLOSURE ACTION THAT WAS DISMISSED PURSUANT…
October 17, 2016
Consolidation v. Concentration: The Real Risk in Default Servicing
It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so. – Mark Twain. Legal and compliance officers representing mortgage servicers often cite concentration risk as a justification for maintaining an…
October 6, 2016
Court Rules Debtors Who Surrender Property in Bankruptcy Cannot Oppose Foreclosure
Citibank Wins Florida Foreclosure Bankruptcy Appeal. The U.S Court of Appeals for the Eleventh Circuit has ruled that a debtor who elects to “surrender” a property in bankruptcy may not oppose a foreclosure action on the same property in state court. According…
May 26, 2016
Florida Court of Appeals Rules Certified Copy of Original Note is Sufficient Evidence
Appellate Court Reverses Broward County Judge Ireland’s Judgment for the Borrower and Finds for the Plaintiff. WEST PALM BEACH, FLORIDA, MAY 25, 2016 The Florida Fourth District Court of Appeal issued a ruling this week confirming the idea of a rebuttable…
April 14, 2016
Florida Court Reverses Beauvais
Subsequent Foreclosure Actions are Not Barred by the Statute of Limitations. Lender is under no obligation to “decelerate” the loan following a dismissal. Miami, Florida, April 13, 2016 – The Third District Court of Appeal of Florida mandated a reversal…
December 8, 2015
Federally-Backed Debts Now Exempt From TCPA Restrictions
The Bipartisan Budget Act of 2015, recently signed into law by President Obama, includes a significant amendment to the Telephone Consumer Protection Act (“TCPA”) regarding the collection of federally-backed debt. The amendment, effective November 2, 2015, specifically exempts calls made “solely to…
June 5, 2015
Florida Governor Signs Bill Terminating Rental Agreements Upon Foreclosure
Tallahassee, Florida — Governor Rick Scott signed HB 779 into Florida law on Tuesday, replacing the expired Protecting Tenants in Foreclosure Act of 2009 (“PTFA”). Under the bill, when a foreclosed home is sold, the new owner must provide any existing…