Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutConstructive Notice in a Florida Foreclosure – Archer v. US Bank
Unfortunately in Florida, foreclosure lawsuits still fill the civil trial dockets and some homeowners are still fighting some of the same foreclosure issues that has plagued our real estate industry for years. Fortunately, the appellate court has been helping...
2 Cases of Banks Failing to Honor Mortgage Modifications in Florida
Homeowners have been successful in enforcing mortgage modifications against foreclosing banks in Florida. Mortgages are Contracts Home mortgages, just like any other contract, can be changed (or modified) by the parties to the agreement. Over the last several years,...
What is Normal Wear and Tear Relating to a Tenant Security Deposit?
Last Update: 8/23/19 Knowing whether or not damage is caused by “normal wear and tear” impacts how much money, if any, the landlord can deduct from the tenant’s security deposit. Wear And Tear Is The Main Reason For Security Deposits In Florida, most residential...
Partition of Florida Homestead Property
Last Update: 8/5/19 In Florida, “homestead property” is residential real estate which is occupied by a person or family as their permanent residence. The legal concept of “homestead” is provided by the Florida constitution. Its purpose is to stop the family home, or...
Ocwen Filing Bad Foreclosure Lawsuits: Is Ocwen Servicing Your Mortgage?
Last Update: 8/9/20 Beware: In the past, Ocwen was accused of overcharging borrowers and was sued (over and over again) by regulators. Based in West Palm Beach, Ocwen promotes itself as “one of the leading mortgage servicing companies in America.” That’s not an...
New Florida Condo Law: Bad Condo Boards Face New Criminal Charges
Last Update: 9/2/23 In a bipartisan manner, the Florida Legislature passed an important change in how condo boards and condominiums are to conduct themselves here in the Sunshine State. This new legislation addresses some important issues for South Floridians and...
Florida Supreme Court Gives Final Word on Bartram and Foreclosure Refiling
Last fall, we discussed the Florida Supreme Court’s decision in the Bartam case relating to foreclosure lawsuit deadlines Our article explains in detail the Supreme court’s opinion and it’s practical effect on foreclosures in Florida. Specifically, the case addressed...
What Does The 2017 FHFA Foreclosure Prevention Report Mean For Florida Homeowners?
It is important for Florida homeowners to be aware of their rights when it comes to their residential real estate. After all, it is likely the largest investment most Americans will make in their lifetime. It’s a key motivation for our articles on this blog. This is...
Payment Defense to Foreclosure
Last Update: 10/10/20 In Florida, when a lender files a foreclosure lawsuit, the lender must prove that a homeowner has breached his or her obligations under the note and/or mortgage. In turn, a homeowner has the right to raise defenses that defeat or otherwise...
Court Procedures That Can Delay Foreclosure
Last Update: 10/10/20 In Florida, those fighting a residential foreclosure should be aware of the procedures often used by lawyers and judges that can delay a foreclosure lawsuit from proceeding. Two of these procedures are called “stays” and “continuances.” Both are...