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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

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…

Continue Reading

June 7, 2013

Florida: Governor Scott Signs HB 87

June 7, 2013 – Florida – Governor Rick Scott signed House Bill 87 into law today, an ambitious piece of legislation designed to expedite the residential mortgage foreclosure process and ease the state’s formidable backlog. While House Bill 87 provides…

Continue Reading