Real Property Update -
Development Orders / Proper Defendant: Executive director of the Department of Economic Opportunity (DEO) was not a “proper defendant” in a declaratory action challenging the constitutionality of...more
Real Property Update -
Foreclosure / Default: Trial court did not abuse discretion in determining that plaintiff’s counsel was not aware of the defaulting party’s intention to defend against foreclosure lawsuit – College...more
Real Property Update -
Foreclosure / Dismissal: Trial court erred in relying on judicially noticed records from a prior foreclosure action in dismissing foreclosure complaint – Bayview Loan Servicing, LLC v. Brown, No....more
Real Property Update -
Foreclosure / Modification Agreement: Lender was entitled to judgment of foreclosure upon proving borrower made three payments before breaching the loan modification agreement – Carus v. VRMTG Asset...more
Real Property Update -
Foreclosure / Section 702.036 / Eviction: Former borrower failed to establish entitlement to stay of writ of possession pending appeal; section 702.036 solely provides for monetary damages against...more
Real Property Update -
Foreclosure / Fees and Costs: Trial court erred by denying borrower attorneys’ fees and costs following involuntary dismissal of foreclosure action based on Florida Supreme Court’s holding in Page v....more
Real Property Update -
Residential Landlord-Tenant / Non-Payment of Rent: Landlords' counterclaim for non-payment of rent in action brought by tenants was not barred by res judicata or the rule against splitting causes of...more
Real Property Update -
Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB...more
Real Property Update -
Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus...more
Real Property Update -
Foreclosure Judgment / Void: Trial court erred in determining lender’s delay in seeking to vacate judgment was unreasonable – Wells Fargo Bank, N.A. v. Tan, No. 4D20-613 (Fla. 4th DCA May 5, 2021)...more
Real Property Update -
Foreclosure / Continuance: Trial court erred by denying joint motion for continuance of trial, and forcing parties to try case, because the parties had settled the main issues in litigation after...more
Real Property Update -
Foreclosure / Damages: Party seeking foreclosure failed to present competent, substantial evidence to prove the total amount owed on the note – Adamson v. Main Street Oaks, LLC, No. 2D19-3805 (Fla....more
Real Property Update -
Foreclosure: Trial court cannot arbitrarily reject evidence or testimony in a mortgage foreclosure proceeding, and lender that proved elements was entitled to foreclosure judgment – U.S. Bank, N.A....more
Real Property Update -
Foreclosure: Mortgagee failed to offer competent, substantial evidence to prove that it had complied with all of the conditions of the mortgage contract that were prerequisites to allowing it to...more
Real Property Update -
Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more
Real Property Update -
Foreclosure / Standing: Trial court erred in entering final judgment in favor of third-party purchaser where third-party purchaser participated in the foreclosure action as if he were a party to the...more
Real Property Update -
Foreclosure / Standing: In moving for involuntary dismissal, borrowers were required to admit as true all of the facts in evidence, including representations made in assignments of mortgage; bank...more
Real Property Update -
Foreclosure / Verification: Rule 1.115(e) of the Florida Rules of Civil Procedure cannot constrain or prohibit a plaintiff from delegating to its servicer-agent the authority to verify its...more
Real Property Update -
Foreclosure / Subrogation: Trial court erred in entering final judgment of foreclosure in favor of subsequent mortgagee where subsequent mortgagee attempted to preserve and assign an otherwise...more
Real Property Update -
Foreclosure / Pleading Fraud Defense: Trial court erred in providing relief of fraud as defense to foreclosure where fraud was never pleaded; even if fraud had been pleaded, party failed to prove...more
Real Property Update -
Inverse Condemnation: conditions placed by FDOT on the issuance of a drainage connection permit constituted a land use exaction requiring a factual determination as to whether the drainage...more
Real Property Update -
Foreclosure / Standing: affirming payment order entered pursuant to section 702.10(2), Florida Statutes, against a subsequent purchaser in favor of US Bank as the application of the statute was not...more
Real Property Update -
Easement Appurtenant: easement was presumptively appurtenant (held to run with the land) because (i) it was not terminable except by agreement executed by both parties with formalities of a deed,...more
Real Property Update -
Foreclosure / Compliance with HUD: finding, as a matter of first impression in Florida, that a lender can prove compliance with HUD notice requirements by evidence other than a certified mail receipt...more
Real Property Update -
Foreclosure Sale / Challenge: borrower failed to meet his burden of establishing that gross inadequacy of foreclosure bid price resulted from "mistake, fraud or other irregularity" in the sale -...more