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 […]
Category: Florida Law News
Statute of Limitations Doesn't Apply to Foreclosures – FL Supreme Court Creates Different Rules for Mortgages
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
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, […]
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 […]
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.
Governor Rick Scott speaks this morning telling everyone in the evacuation area to evacuate immediately. Concerned about storm surge and hurricane force winds at 125mph Scott says, “No one should take any chances.” With Hurricane Mathew (Track Hurricane Matthew Here) having the potential to become a historical category 4 hurricane, everyone at Oppenheim Law and Weston Title wish and pray […]
A few years back a good old friend of mine, Sheldon Cohen, former commissioner of the IRS under President Johnson and chief counsel under President Kennedy, told me over lunch in DC that the whole problem with the collapse of the rule of law during the mortgage foreclosure crisis with the banks is that if they were allowed to get […]
The following Sun Sentinel article is republished with approval including excerpts from Roy Oppenheim, Oppenheim Law. While Smoke BBQ Fort Lauderdale was attracting big crowds after Michael Mayo, dining critic raved about its smoked pastrami sandwich last month, co-owner Scott Kennedy was sleeping overnight in the restaurant because of a percolating business dispute that threatened to suddenly shutter the eatery.