U.S. FEDERAL COURTS IN OHIO AND TEXAS CONCLUDE THE CDC LACKED AUTHORITY TO IMPOSE NATIONWIDE MORATORIUM ON EVICTIONS

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Two federal courts recently weighed in on the legitimacy of the…

FLORIDA FIFTH DCA PROVIDES ADDITIONAL GUIDANCE ON EVIDENTIARY REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT IN SUMMARY JUDGMENT PROCEEDINGS

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The Florida Fifth DCA reversed a summary judgment of foreclosure…

FLORIDA SUPREME COURT ADOPTS MORE LIBERAL FEDERAL SUMMARY JUDGMENT STANDARD

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Last month the Florida Supreme Court left decades of precedent…

FLORIDA SUPREME COURT FINDS ATTORNEYS’ FEES AVAILABLE TO MORTGAGOR EVEN IF BANK LACKED STANDING TO FORECLOSE

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Last month, in a highly anticipated decision from the Florida…

U.S. SUPREME COURT FINDS CREDITOR’S RETENTION OF BANKRUPTCY ESTATE PROPERTY DID NOT VIOLATE BANKRUPTCY STAY

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The United States Supreme Court reversed the holdings of several…

FLORIDA COUNTY COURT JUDGE FINDS EVICTION STAY CONSTITUTED AN UNCONSTITUTIONAL TAKING

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In September 2020, the Centers for Disease Control and Prevention…

FEDERAL COURT DISTINGUISHES WALLS & RE-OPENS DOOR TO DEBTOR’S POST BANKRUPTCY LITIGATION FOR FDCPA VIOLATIONS

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Last month the United States Court of Appeals for the Ninth Circuit…

FLORIDA COURT AFFIRMED FORECLOSURE JUDGMENT FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING

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Florida’s Second DCA recently affirmed a foreclosure judgment…

ILLINOIS COURT DISMISSES MORTGAGOR’S COMPLAINT FINDING HUD REGULATIONS DID NOT APPLY & SERVICER DID NOT VIOLATE FDCPA

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The Northern District of Illinois recently dismissed an action…

FLORIDA DCA REVERSES DISMISSAL OF FORECLOSURE FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING REQUIREMENT

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Earlier this month the Fourth DCA of Florida reversed a circuit…