Mon Nov 21, 2016 by Oppenheim Law on Florida Law News
As many of you know by now Thanksgiving is one of my most favorite holidays as well as times of the year. This year, as I collect my thoughts for Thanksgiving which is about a week away, I do so as I celebrate my 30th anniversary with my partner and wife Ellen from halfway around the world! By the time […]
Wed Nov 16, 2016 by Oppenheim Law on Florida Law News
Summary: Filing Bankruptcy during a Fla. residential foreclosure case? The Eleventh Circuit holds that in a Chapter 7 Bankruptcy, when a debtor decides to surrender the property, that surrender is both a surrender to the trustee as well as to the creditor. Which means, that surrender means surrender . . . to effectively give up the property and give up your […]
Fri Nov 4, 2016 by Oppenheim Law on Florida Law News
Complicated Breakdown of New Florida Foreclosure Real Estate Law Every so often, a client facing a second, third or even fourth foreclosure lawsuit asks me a question: could the bank keep filing foreclosure actions against me even though the first lawsuit was filed more than five years ago? The Florida 5-year Statute of limitation rule is complex; however, Florida Supreme […]
Thu Nov 3, 2016 by Oppenheim Law on Florida Law News
After much anticipation, the Florida Supreme Court has finally issued its written opinion in US Bank v. Bartram. The crux of this seminal case was whether the Banks after facing an involuntary dismissal of a prior foreclosure action are precluded from filing a subsequent foreclosure lawsuit more than five (5) years after the loan was accelerated. As you can imagine, […]
Thu Nov 3, 2016 by Oppenheim Law on Florida Law News
So Now We May Know the Rest of the Story It’s been a year now that Bartram, the case involving the 5-Year Statute of Limitations on foreclosures was argued before the Florida Supreme Court. Almost all lawyers expected a decision prior to summer and then in the early Fall. Then when no opinion was issued, many of us started to […]
Tue Nov 1, 2016 by Oppenheim Law on Florida Law News
Right when I feel that things are just maybe getting back to normal and that the oligopolistic forces in our nation are somehow, maybe taking a step back… I am reminded why I continue to fight for the little guy… and just can’t stand the power of monopolistic corporate behavior.
