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Monthly Archives: November 2016

An American Thanksgiving

Mon Nov 21, 2016 by 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 […]

Does Surrender Mean Surrender When Filing Bankruptcy During Fla. Residential Foreclosure?

Wed Nov 16, 2016 by 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 […]

Statute of Limitations Doesn't Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages

Fri Nov 4, 2016 by 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 […]

Breaking News: Florida Supreme Court Rules on Bartram Regarding Statute of Limitations in Foreclosures

Thu Nov 3, 2016 by 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, […]

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