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Replevin: A Remedy for Creditors

April 21 2016 Tracing its roots back to the common law, replevin is not a novel concept. While the cause of action is simple—allowing for the recovery of personal…

Does A Dismissal of a Foreclosure Action for Lack of Standing Prevent a Subsequent Action on the Same Default?

June 2 2016 In Florida, a plaintiff seeking to foreclose a mortgage must have "standing" to foreclose the mortgage as of the date it files its foreclosure…

Foreclosing First Mortgagees Not Liable for Additional Fees and Costs Incurred by HOA

April 14 2016 As we have previously discussed , although section 720.3085(2)(b), Florida Statutes, generally makes a subsequent owner of real property liable for…

Property buyers can be held liable for sales and use taxes owed by the prior owner

May 19 2016 A purchaser of real property may be subject to liability for taxes, including sales taxes, owed by the Seller to the Florida Department of Revenue…

Third District Court of Appeal Withdraws Decision Applying the Statute of Limitations to Mortgage Foreclosures

April 28 2016 Florida's Third District Court of Appeal (DCA), sitting en banc, recently withdrew an unpopular decision applying the statute of limitations defense…

Permit Extensions as a Result of Hurricane Hermine

September 7 2016 At 5:00 p.m. on August 31, 2016, Governor Rick Scott issued a state of emergency for 42 counties because of Hurricane Hermine. If you have a project…

Recent Decision Highlights Importance of Maintaining Original Note Modifications

June 9 2016 As we have previously discussed, under Florida law, in a foreclosure action, a lender must either provide the original promissory note or, if the…

Does A Dismissal of a Foreclosure Action for Lack of Standing Prevent a Subsequent Action on the Same Default?

June 2 2016 In Florida, a plaintiff seeking to foreclose a mortgage must have "standing" to foreclose the mortgage as of the date it files its foreclosure…

Property buyers can be held liable for sales and use taxes owed by the prior owner

May 19 2016 A purchaser of real property may be subject to liability for taxes, including sales taxes, owed by the Seller to the Florida Department of Revenue…

Third District Court of Appeal Withdraws Decision Applying the Statute of Limitations to Mortgage Foreclosures

April 28 2016 Florida's Third District Court of Appeal (DCA), sitting en banc, recently withdrew an unpopular decision applying the statute of limitations defense…