News & Analysis as of

Article III Deficiency Judgments

Carlton Fields

Real Property & Financial Services Update: Week Ending May 31, 2019

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Real Property Update - Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

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REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending August 19 & 26, 2016

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Real Property Update: - Lis Pendens/Subsequent Liens: lis pendens statute only serves to discharge liens that exist or arise prior to entry of foreclosure judgment but does not affect liens that arise after entry of...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending August 12, 2016

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REAL PROPERTY UPDATE: Jurisdiction/Deficiency Judgment: Second DCA agrees with Third DCA that “a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when the plaintiff had...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

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REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

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