News & Analysis as of

Florida Consumer Collection Practices Act Affirmative Defenses

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending August 7, 2020

Carlton Fields on

Real Property Update - Affirmative Defense / Waiver: Homeowner unable to raise statute of limitations affirmative defense for the first time in motion for summary judgment – Deer Brooke S. Homeowners Ass’n of Polk Cty.,...more

Burr & Forman

Florida’s Second DCA Reverses Dismissal of Foreclosure in Favor of Borrowers for their Failure to Properly Allege a Condition...

Burr & Forman on

For years, counsel for borrowers have successfully argued that the bank failed to meet conditions precedent required under Section 559.715 of Florida’s Consumer Collection Practices Act (“FCCPA“). Procedurally, this argument...more

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