I recently wrote in Fox Rothschild’s Consumer Law Ledger about a Florida appellate court’s ruling that the statute of limitations for a negligent appraisal claim begins to run on the
Continue Reading Is It Really Too Late? Statute of Limitations for Negligent Appraisal Ruling May Be Challenged
Forum Selection Clauses: Mandatory or Permissive? No Magic Words Required!
Contractual forum selection clauses may be “mandatory” or “permissive”. However, there are times when a forum selection clause that appears to be permissive is actually mandatory. Florida’s Third District Court
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All Sales May Be Final, But No Foreclosure Sale Until Final Appealable Order
Can a foreclosure sale be held when interrelated counterclaims remain pending? Florida’s Second District Court of Appeal recently addressed this issue in DeLong v. Paradise Lakes Condominium Association, Inc.,
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Continuing is Key: Statute of Limitations No Bar to Re-Filed Foreclosure if Default is Continuing
In late-2016, the Florida Supreme Court finally addressed the application of the statute of limitations in a re-filed mortgage foreclosure action. In Bartram v. U.S. Bank, N.A., Fl. Sup.
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It’s a Deficiency Decree, Not a Consumer Debt: FCCPA Does Not Apply to Actions for Deficiency
Florida’s Second District Court of Appeal recently addressed an interesting question concerning whether Florida’s Consumer Collection Practices Act applies to an action seeking a deficiency decree. In the situation presented,
Continue Reading It’s a Deficiency Decree, Not a Consumer Debt: FCCPA Does Not Apply to Actions for Deficiency
Opinions Are Like … : And Judges Can’t Rely On Them For Legal Conclusions
A trial court may not rely on a legal opinion offered by a party’s expert witness. Florida’s Third District recently reversed dismissal of a mortgage foreclosure action based on this
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Same-Day ACH: The First Phase Begins Today
Are you ready for “Same Day ACH”? Implementation of the first-phase of a new rule adopted by NACHA (National Automated Clearing House Association) that will provide for the faster movement
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“Congratulations! Now Pay Up!”: Did you think your lis pendens discharged post-judgment liens?
That look you get when you realize you just bought property at a foreclosure sale that is still subject to liens …
Foreclosure plaintiffs should take note of the Fourth
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Bucking the Trend: No Fraud If Modification Not Promised and Foreclosure Resulted From Failure to Pay
The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case
Continue Reading Bucking the Trend: No Fraud If Modification Not Promised and Foreclosure Resulted From Failure to Pay
Diversity Jurisdiction: National Bank is a Citizen Only of State Where It Has Its Main Office
Another United States Circuit Court has ruled that, for purposes of diversity jurisdiction, a national bank is a citizen only of the state in which it has its main office.
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