
COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM
This month the Sixth Circuit Court of Appeals affirmed the District…

FLORIDA COURT FINDS MORTGAGE TERMS | Key Points
The Fifth DCA recently reversed a judgment entered in favor…

COURT PROVIDES FAVORABLE GUIDANCE | Key Points
The Sixth Circuit Court of Appeals affirmed the District…

UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT
Earlier this month the Second DCA dismissed an appeal of a final…

COURT CLARIFIES REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT & EXPLAINS NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY OF NOTE
The Second DCA recently issued an opinion wherein it agreed with…

FLORIDA DCA OPINIONS DEMONSTRATE THE IMPORTANCE OF PROPER INDORSEMENTS ON NEGOTIABLE INSTRUMENTS
In the last couple years, Florida DCAs have issued a series of…

DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT
Earlier this month the Second DCA dismissed an appeal of a final…

REQUIREMENTS FOR FORECLOSING A MODIFIED LOAN IN FLORIDA
In 2016 the Fourth DCA reversed a mortgagee’s final judgment…

REDEMAND NOT NECESSARY EVEN AFTER BANK ACCEPTS PARTIAL PAYMENTS
The Fourth DCA reversed a judgment entered in favor of two mortgagors…

FLORIDA COURTS DISAGREE ON LIABILITY FOR CONDOMINIUM ASSESSMENTS
The First DCA rendered an opinion this month wherein it certified…