Category: Real Estate

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

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

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

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