News & Analysis as of September 25, 2024

Foreclosure › Florida

+ Follow

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Florida Court Reverses Desbrunes Decision Based on Homestead Status

Baker Donelson on 5/14/2024

Florida's Fourth District Court of Appeal issued on May 8, 2024, its much-anticipated new opinion on the lender's motion for rehearing in Ronald Desbrunes v. U.S. Bank National Association, as Trustee, which affirms the final...more

The Case For Overturning Florida Foreclosure Ruling

Bradley Arant Boult Cummings LLP on 4/29/2024

In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in...more

Navigating Desbrunes: Implications and the Case for Overturning

Bradley Arant Boult Cummings LLP on 4/10/2024

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

McGlinchey Stafford on 9/29/2023

Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

Florida Bankruptcy Court Holds That Lenders Must Specify Post-Judgment Interest Rates in Addition to Post-Default Rates in Loan...

King & Spalding on 1/23/2023

On November 21, 2022, the U.S. Bankruptcy Court for the Southern District of Florida sustained the debtors’ objection to mortgage lender Benworth Capital Partners, LLC’s proof of claim and held that the state’s statutory...more

Foreclosure Moratorium Update

Lowndes on 12/3/2020

Early in the response to the COVID-19 pandemic, various foreclosure moratoriums effecting Florida real estate were issued. The U.S. Department of Housing and Urban Development (HUD) issued a moratorium on all foreclosures of...more

State COVID-related Foreclosure and Eviction Moratorium Updates

McGlinchey Stafford on 10/23/2020

Alert October 23, 2020 Due to the economic impacts of COVID-19, many states have issued moratoriums on foreclosures and evictions. Some of those moratoriums have expired. However, even if a lender is now able to obtain a...more

Florida Lifts Bans On Evictions, Foreclosures

Fox Rothschild LLP on 10/2/2020

Along with moving Florida into Phase III of reopening, Gov. Ron DeSantis has lifted Florida’s modified eviction and foreclosure bans, which were memorialized in Executive Order 20-180, issued on July 30. That means that...more

Florida and Texas Extend Borrower Protections Through September

McGlinchey Stafford on 9/5/2020

Florida’s Governor Desantis has extended Executive Order Number 20-180 to 12:01 a.m. on October 1, 2020. The Executive Order, titled “Limited Extension of Mortgage Foreclosure and Eviction Relief” provides, in relevant part: ...more

Governor DeSantis Extends Florida's Moratorium on Evictions and Foreclosures to October 1

Lowndes on 9/2/2020

On Monday, September 1, 2020, Florida Governor Ron DeSantis extended (for a fifth time) a previous executive order that suspended and tolled the Florida statutes that provide for final action at the conclusion of a...more

Florida Governor Extends Mortgage Foreclosure And Eviction Relief Until Oct. 1

Roetzel & Andress on 9/2/2020

Florida Governor Ron DeSantis issued a new executive order that extends mortgage foreclosures and eviction relief until October 1. Executive Order 20-211 does not make any further changes, but only extends the same language...more

Florida Governor Renews Housing Protections for Florida Families

Burr & Forman on 8/14/2020

Florida, like the majority of the United States, has enacted several economic protections in response to the coronavirus pandemic, including eviction moratoriums for the non-payment of rent. ...more

Florida Commercial Mortgage Holders Receive Foreclosure Clarification

Burr & Forman on 8/14/2020

On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180, which extended the moratorium on residential tenant evictions and residential mortgage foreclosures in the state through the month of August....more

Further Extension of Governor’s Order Prohibiting Evictions and Foreclosures in Florida

Bilzin Sumberg on 8/5/2020

Governor DeSantis previously issued Executive Order 20-94 on April 2, 2020, suspending and tolling any statute providing for a mortgage foreclosure or residential eviction due to non-payment of rent that, after several...more

Governor DeSantis Extends Eviction and Foreclosure Moratorium until September 1

Lowndes on 7/31/2020

On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180 that extended (for a fourth time) his previous executive order which effectively put a moratorium in place on mortgage foreclosures and residential...more

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

Fox Rothschild LLP on 7/5/2020

On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Governor DeSantis Extends Moratorium on Evictions and Foreclosures until August 1

Lowndes on 7/2/2020

This week, Florida Governor Ron DeSantis extended, for a third time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and...more

Legal Magic: Turning Real Property Foreclosures Into Uniform Commercial Code Sales

Bilzin Sumberg on 5/5/2020

Remedies for defaults under loans secured by real property varies on a state-by-state basis. In the eastern part of the country, enforcement is mostly by mortgage foreclosure. In the western states, there are enforcement...more

Florida Governor Orders 45-Day Suspension of Foreclosure and Eviction Statutes

Burr & Forman on 4/6/2020

On April 2, 2020, in light of the COVID-19 pandemic, Governor Ron DeSantis of Florida entered Executive Order 20-94, requiring a 45-day suspension of “any statute providing for a mortgage foreclosure cause of action under...more

Governor DeSantis Announces Florida Foreclosure Moratorium

Lowndes on 4/3/2020

On April 2, 2020, Governor DeSantis issued Executed Order Number 94-20 which suspended and tolled “any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days.”...more

Real Property, Financial Services, & Title Insurance Update: Week Ending December 6, 2019

Carlton Fields on 12/13/2019

Real Property Update - Due Process: Trial court violated developer’s due process rights by considering and ruling upon developer’s motion to quash service of process, which was not set for hearing, despite developer’s...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

Carlton Fields on 12/4/2019

Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Real Property & Title Insurance Update: Week Ending April 5, 2019

Carlton Fields on 4/24/2019

Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more

Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

BakerHostetler on 3/27/2018

On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law. The bill is designed to limit the ability of defendants in foreclosure proceedings to keep contesting the foreclosure after agreeing, in bankruptcy, to...more

Florida Sets 120-Day Deadline on Tax Deed Sale Surplus Claims

Baker Donelson on 3/16/2018

Earlier this month, House Bill 1383, which amends Florida's tax deed statutes, was passed in both houses of the Florida legislature and now awaits the Governor's signature. While the amendments generally provide more guidance...more

59 Results

View per page

Page: of 3

Foreclosure › Florida

"My best business intelligence, in one easy email…"