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Florida Supreme Court: No Safe Harbor for UCC Errors

On August 25, 2022, the Florida Supreme Court issued an opinion in 1944 Beach Boulevard, LLC v. Live Oak Banking Company, No. SC21-1717 holding that Article 9 of the Florida Uniform Commercial Code (the UCC) is unforgiving...more

8/30/2022  /  FL Supreme Court , Safe Harbors

Does the Florida Governor's Executive Order Stay Commercial Foreclosure Cases?

On April 2, Florida Governor Ron DeSantis issued Executive Order Number 20-94 (the "Order"), which purports to "suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days."...more

New Amendments to Florida's Proceedings Supplementary Statute Offer Clarity and Guidance for Judgment Creditors

Chapter 56 of the Florida Statutes provides the framework for judgment creditors to collect amounts owed pursuant to money judgments. Within Chapter 56, Section 56.29 governs the process by which a judgment creditor may seek...more

New Amendments to Florida’s Proceedings Supplementary Statute Provide Clarity and Guidance for Judgment Creditors

Chapter 56 of the Florida Statutes provides the framework for judgment creditors to collect on money judgments. Section 56.29 governs the process by which a judgment creditor may seek to recover property transferred to, or...more

Claim Purchasing as a Strategy to Avoid a Cramdown

While there are many factors that can lead a business or individual to file a chapter 11 bankruptcy petition seeking to reorganize a business, often times, particularly in a single-asset real estate case, the primary impetus...more

Florida Law on Assignment of Rents Provisions

A recent bankruptcy decision from a New Jersey Bankruptcy Court (In re Surma, 504 B.R. 770 (Bankr. D.N.J. 2014)) has once again drawn attention to the effect assignment of rents provisions in mortgages can have, depending on...more

Extraordinary Florida Foreclosure Remedies

When servicers or lenders think of having to foreclose on commercial property in the State of Florida, what immediately comes to mind is a lengthy judicial foreclosure process, and difficulty in enforcing rights provided in...more

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