the Battaglia Law Blog

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

A September, 2018 opinion from Florida's Third District Court of Appeals provides guidance on what is not a "lawful, cognizable basis" for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale[note]This was the second foreclosure sale to be scheduled, with...Read More

A corporation by any other name…

"A rose lender by any other a slightly different name would smell as sweet still be able to foreclose." - Shakespeare 4th DCA (more or less) Florida's 4th District Court of Appeals has held that the omission of the word "corporation" from a corporation's name as it appears on various mortgage loan documents, did not render the loan invalid as...Read More

No contract, no fees, no, really

We're all familiar with the notion that one can't have something both ways, a notion that has been idiomized in a number of ways over the years: "What's good for the goose is good for the gander." "You can't have your cake and eat it, too." "What goes around, comes around." "Because the homeowner prevailed on an argument that the...Read More

Commercial Landlords in Florida: Self Help is Not Allowed, Even if Lease Says So

If you are a commercial landlord in Florida, your written commercial lease agreement likely contains a provision stating something to the effect that, if your tenant is in default and has not timely cured such default, then you may terminate the tenancy, and be entitled to immediate possession of the premises. In enforcing such a provision, a landlord might, as...Read More