South Florida Law Blog

As stay at home orders, moratoriums, and, for many, working remotely from home becomes a memory of the COVID Pandemic, the Florida Supreme Court is trying to force each judicial district to catch up on lost time. The impact will be profound on judges, lawyers, and their clients. Cases will move along faster, and more work will be required by […]

As many of you know, we at Oppenheim Law  were invited to submit a friend of the court brief in the Supreme Court case of Mary Ann Glass v. Nationstar Mortgage  in which the issue before the Court was whether a borrower in a foreclosure action is entitled to attorneys’ fees when the borrower  successfully disputed the bank’s standing to […]

The Florida Supreme Court recently ruled that when a homeowner legitimately defeats the bank in a foreclosure case, regardless of the reason, the bank is required to pay the homeowner’s attorney’s fees. The Oppenheim Law team recently had the honor of filing a friend-of-the-court brief (otherwise known as an amicus curiae brief) in the case of Glass v. Nationstar, which has […]

Recently, our team at Oppenheim Law had the honor of filing a friend of the court brief (otherwise known as an amicus curiae) with the Florida Supreme Court on the issue of whether a borrower in a foreclosure action can obtain attorneys’ fees when the Court has found that the lender did not have standing to bring the action. Our […]

The following article was written by Paul Owers Sun Sentinel and republished in the South Florida Law and Legal Blog with excerpts and opinion from real estate defense attorney Roy Oppenheim, Oppenheim Law – Weston, FL Summary: The Florida Supreme Court has declared that where a first foreclosure lawsuit is dismissed voluntarily or involuntarily by the court, such dismissal  does not trigger the […]

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 […]

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 […]