Tag: 2d DCA

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…)

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