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…

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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…

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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…

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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…

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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…

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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…

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May 16, 2013

The Florida House and Senate Voted In Favor of H.B

The Florida House and Senate voted in favor of H.B. 87 on Monday, and the bill will now go to the desk of Gov. Rick Scott. The legislation is intended to streamline and expedite the legal process for foreclosures in…

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