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Article

Burr & Forman LLP | USA | 5 Apr 2018

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

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

Article

Burr & Forman LLP | USA | 26 Feb 2018

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures - can

Article

Burr & Forman LLP | USA | 30 Jun 2017

Florida 5th DCA Distinguishes Troublesome Hicks Opinion, and Other Statute of Limitations News

Today, Florida’s Fifth DCA and Second DCA issued two seminal opinions; Klebanoff v. Bank of N.Y. Mellon, and Huntington National Bank v. Watters

Article

Burr & Forman LLP | USA | 15 Jun 2017

Dodd-Frank News: Summer 2017

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers

Article

Burr & Forman LLP | USA | 12 Apr 2017

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

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

Article

Burr & Forman LLP | USA | 3 Nov 2016

Florida Supreme Court Issues Landmark Ruling on Statute of Limitations for Foreclosure: Bartram Affirmed

The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long

Article

Burr & Forman LLP | USA | 29 Aug 2016

“Eviscerate” is the Proper Term for What the Ober Opinion Did to the Lis Pendens StatuteBut What About Jurisdiction?

Florida’s 4th District Court of Appeal sent the real property and mortgage world into a frenzy this week after issuing its opinion in Ober v. Town of

Article

Burr & Forman LLP | USA | 5 Aug 2016

Second DCA Holds that Florida Statute 559.715 is Inapplicable to Note Holders

The Second District Court of Appeal has become the first appellate court in Florida to hold that Florida Statute 559.715, part of the Florida

Article

Burr & Forman LLP | USA | 1 Jun 2016

Borrowers Cannot Rely on Technical Admissions to Defeat a Mortgage Foreclosure Action

Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a

Article

Burr & Forman LLP | USA | 13 Apr 2016

Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its

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