the Battaglia Law Blog

Florida Moratorium on Residential Evictions and Single Family Mortgage Foreclosures Extended Until October 1, 2020

Florida Moratorium on Residential Evictions and Single Family Mortgage Foreclosures Extended Until October 1, 2020

On August 31, 2020 Florida Governor, Ron DeSantis, signed Executive Order 20-211. The effect of the August 31 Executive Order is simply to extend Executive Order 20-180 until 12:01 am on Thursday, October 1, 2020, which has the practical effect of suspending and tolling the following items until such date and time: Any statute providing for final action at the...Read More

Please Don’t Forget to Vote – Election Day is Tuesday, November 3, 2020

Please Don’t Forget to Vote – Election Day is Tuesday, November 3, 2020

When I was admitted to the Florida Bar in 2008, I proudly took an oath which included the following: I will support the Constitution of the United States and the Constitution of the State of Florida. I will maintain the respect due to Courts of Justice and Judicial Officers. As we swiftly approach this very important Election Day in the...Read More

Free Credit Reports Available Weekly Through April 2021 Due to Coronavirus

Free Credit Reports Available Weekly Through April 2021 Due to Coronavirus

In response to COVID-19, and effective now through April, 2021, consumers are eligible to pull free credit reports weekly, rather than the normal limit of once per year. This will assist consumers in being able to more regularly monitor their credit to identify and discover possible affects on credit from things such as irregular payment arrangements, or non-payment due to...Read More

Chapter 7 Bankruptcy Means Test Median Family Income Levels By State as of May 1, 2020

Chapter 7 Bankruptcy Means Test Median Family Income Levels By State as of May 1, 2020

Below you will find the median family income levels utilized by the United States Trustee Program for means testing individuals who have filed for bankruptcy relief. As of May 1, 2020, the median family income levels for Florida have risen, which, generally, is a benefit to individuals who are in need of debt relief. The median income information is used...Read More

AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.

AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.

On this Throwback Thursday we will look at an oldie-but-goodie opinion issued by the Florida Supreme Court. Specifically, we will look at the landmark case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1986), a case which forever changed the expectations and duties placed upon sellers of residential property in Florida. Most of you are likely aware of "AS-IS"...Read More

You Didn’t Get Served – Mattress One v. Sunshop Properties

You Didn’t Get Served – Mattress One v. Sunshop Properties

I'm sure you all remember the 2004 smash hit and box office success, You Got Served. The film's depth of plot is rivaled only by its extravagant choreography and magnificent soundtrack. Aside from its Oscar-worthy qualities, this film will stand, for eternity, as a cautionary tale of why one should never work for a drug lord that goes by the...Read More

Chapter 7 Bankruptcy Means Test Median Family Income Levels By State as of November 1, 2019

Chapter 7 Bankruptcy Means Test Median Family Income Levels By State as of November 1, 2019

Below you will find the median family income levels utilized by the United States Trustee Program for means testing individuals who have filed for bankruptcy relief. As of November 1, 2019, the median family income levels for Florida have risen, which generally benefits individuals who are in need of debt relief. The median income information is used by the bankruptcy...Read More

I surrender. Take my house. Actually, on second thought…

I surrender. Take my house. Actually, on second thought…

The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors' rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor's surrender of collateral real property has on the debtor's ability to defend a foreclosure. (more…)

Florida Realtors / Florida Bar Residential Contract and “As Is” Residential Contract Revised as of June 14, 2019

Florida Realtors / Florida Bar Residential Contract and “As Is” Residential Contract Revised as of June 14, 2019

The Florida Realtors / Florida Bar ("FARBAR") Residential Contract for Sale and Purchase (5x), and the "AS IS" Residential Contract for Sale and Purchase have been updated as of June 14, 2019. The new revised versions are identifiable by "5x" and "6/19" notations, which can be found in the lower left-hand corner of each contract. The changes to both are...Read More

2d DCA: Florida Statutes Section 732.507 Inapplicable Following Divorce When the Will was Executed Prior to Marriage

2d DCA: Florida Statutes Section 732.507 Inapplicable Following Divorce When the Will was Executed Prior to Marriage

Here's the Story Here's the story, of a man named Priever, who, in 2005, executed a will devising real property in Florida to a woman named Gordon. This marked the beginning of a fact pattern which culminated in a 2018 opinion out of the Florida Second District Court of Appeal. Priever and Gordon were unmarried at the time the will...Read More