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Failla and Taylor are Alive and Well: Eleventh Circuit again Confirms that Debtors Cannot Retain Secured Property Absent Reaffirmation or Redemption

USA - April 5 2018 For the third time in less than two years, the Eleventh Circuit Court of Appeals has ruled that a chapter 7 debtor who does not reaffirm the secured...

John R. Chiles.


Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

USA - August 23 2017 Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In...

Jonathan M. Sykes.


Buyers Beware! Florida’s District Courts of Appeal Confirm that Third Party Purchasers Have Little to No Right to Participate in Foreclosure Proceedings

USA - April 12 2017 Third party purchaser lacks standing to participate in foreclosure proceeding, absent assertion of intention to redeem the property. After the Second...


Fourth District Court of Appeal Breathes Life Back into Lis Pendens Statute

USA - January 25 2017 Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of...


Middle District of Florida Defines Settlement Communications Allowed Under the FDCPA

USA - December 22 2016 On November 18, 2016, the United States District Court for the Middle District of Florida held that the communication of an unequivocal and...

Jonathan M. Sykes.