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New Florida Legislation on Bankruptcy Surrender In summary: Any foreclosure action filed after October 1, 2018 where the borrower has filed Bankruptcy indicating: 1 . Their intention to surrender the property; 2 . it has not been withdrawn; AND 3 . a final order discharging the debt or confirming the repayment plan has been entered …
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 …
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3rd Party Purchaser No Standing to Contest – Pealer v. Wilmington Trust Pealer v. Wilmington Trust Nat’l Ass’n, 2017 Fla. App. LEXIS 3643 (Fla. 2nd DCA March 17, 2017). Florida’s Second District Court of Appeal (“DCA”) recently entered a per curiam affirmed opinion with a specially concurring opinion from Judge Sleet in which Judge Sleet …
U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt In the case of Midland Funding, LLC v. Johnson, the Supreme Court of the United States determined that the Fair Debt Collection Practices Act (the “FDCPA”) is not violated when a debt collector files a proof of claim (“POC”) in a …
Bankruptcy Surrender Estops Foreclosure Challenge Clay County Land Trust v. HSBC Bank USA, NA, Case No. 1D15-2113 (Fla. 1st DCA, June 14, 2017)(not final until time expires to file motion for rehearing and disposition thereof if filed). This is a new Opinion from the First District Court of Appeal, handed down on June 14, …
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In an effort to keep you informed of recent developments in state laws and cases, we write to inform you of two matters in the State of Arkansas: Survival of Condo Association Liens Post-Foreclosure and Lender Liability While the issue is older, recent developments with some of our clients have led us to believe …
The Fourth District Court of Appeal just released the following two cases on standing: Bank of N.Y. Mellon Trust Co., N.A. v. Ginsberg, 2017 Fla. App. LEXIS 9647 (Fla. Dist. Ct. App. 4th Dist. July 5, 2017) This is a case where the endorsement on the note was to a slightly different trust name than …
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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 …
House Bill 2506 – Electronic Sales Fee Florida House Bill 2506 Section 7 amended FL St 45.035 (3) to include a service charge not to exceed $70 for conducting electronic sales. Most importantly, the responsibility for payment has shifted to the plaintiff to be paid prior to the sale occurring, as a result, you will …
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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 …
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