Curing Defaults in Chapter 13 Bankruptcy:

Foreclosure Judgment or Loan Documents? In Chapter 13 proceedings, the Bankruptcy Code empowers a Debtor to cure a prepetition default, while maintaining the current contract payment with the creditor.  As a tradeoff, all terms of the original loan documents are reinstated. While a relatively straightforward concept; Foreclosure Judgments greatly confuse the issue because, in the …

Estoppel Reform Bill Victory

ALAW would like to share exciting news regarding legislative reform in Florida! On June 14, 2017, Governor Rick Scott signed Senate Bill 398 into law, providing reformation of Florida’s association statutes. Effective July 1, 2017, Florida Statutes, 718.116, 719.108, and 720.30851 regarding condominium, cooperative, and homeowner associations, will be revised to modify the estoppel requirements …

Florida Statute of Limitations Law Update

As an update to the Statute of Limitations law in Florida, both the borrower Lewis Bartram, and the second mortgagee Gideon Gratsiani, have filed separate Motions for Rehearing, and alternatively, for clarification of the Court’s Opinion that was rendered on November 3, 2016.  LEWIS BARTRAM MOTION FOR REHEARING Mr. Bartram is claiming that the Court’s …

Florida Supreme Court approves the 5th DCA’s opinion in Bartram

Today the Florida Supreme Court released the attached opinion which answers the following certified question in the negative.   “DOES ACCELERATION OF PAYMENTS DUE UNDER A RESIDENTIAL NOTE AND MORTGAGE WITH A REINSTATEMENT PROVISION IN A FORECLOSURE ACTION THAT WAS DISMISSED PURSUANT TO RULE 1.420(B), FLORIDA RULES OF CIVIL PROCEDURE, TRIGGER APPLICATION OF THE STATUTE OF …