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Category: Foreclosure

Uniform Commercial Real Estate Receivership Act

Uniform Commercial Real Estate Receivership Act

On July 1, 2020, Florida became the tenth state to adopt the Uniform Commercial Real Estate Receivership Act (“UCRERA”) … more

Posted in Banks and Mortgages, Foreclosure, Real Estate Law, Receivership, Tenant/Landlord
Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

Florida Supreme Court Rules Purchaser May Recover for Betterments to Property if Foreclosure Sale Vacated

In David L. Griffin v LaSalle Bank, N.A., 45 Fla. L. Weekly S57 (Fla. Feb. 6, 2020), Florida’s Supreme Court quashed a … more

Posted in Banks and Mortgages, Civil Penalties, Community Association, Condominium Association, Court Decisions of Importance, Foreclosure, Homeowners Association
Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

Fifth DCA Recedes From Its Own Precedent Ruling Community Association Assessments Are “Debts” Under FCCPA

In a recent decision Williams v. Salt Springs Resort Association, Inc., Case No. 5D18-3913 (Fla. 5th DCA, June 12, 2020), … more

Posted in Assessment Collection, Community Association, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
Moratorium on Mortgage Foreclosures and Residential Evictions

Moratorium on Mortgage Foreclosures and Residential Evictions

On April 2, 2020, Governor DeSantis executed Executive Order 20-94 suspending mortgage foreclosures and residential … more

Posted in Assessment Collection, COVID-19, Foreclosure
Florida Supreme Court COVID-19 Administrative Orders Impact Court Cases

Florida Supreme Court COVID-19 Administrative Orders Impact Court Cases

We are in unchartered waters as our country faces the COVID-19 pandemic. Millions of people have been laid off, millions … more

Posted in Community Association, Condominium Association, COVID-19, Foreclosure, Homeowners Association
Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

Assessments are a Debt Subject to the Florida Consumer Collection Practices Act

The collection of consumer debts is regulated both by the federal law under the Fair Debt Collection Practices Act (the … more

Posted in Assessment Collection, Condominium Association, Court Decisions of Importance, Fair Debt Collection Practices Act, Foreclosure, Homeowners Association
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