Joseph Battaglia
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Joseph Battaglia named as an SRQ Magazine 2021 Elite Top Attorney Honoree
In the September 2021 issue of SRQ Magazine, Lakewood Ranch real estate lawyer Joseph Battaglia was named a 2021 Elite Top Attorney Honoree in the real estate law category. Mr. Battaglia is appreciative and honored by this designation, which resulted from an online peer review process and internet research process conducted by the magazine. An…
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Protect Your Money from Wire Fraud Schemes When Buying a Home
The American Land Title Association (“ALTA“) has created a video with four helpful tips on how you can protect your hard-earned money when sending wire transfers when purchasing a home. The video also provides guidance on what to do if you have been targeted by a wire fraud attempt. Below are some helpful tips from…
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United States Federal Law Regarding the Display of the United States Flag
The federal law of the United States, codified as the United States Code (abbreviated as “U.S.C.”), proscribe specific means by which the United States flag should be displayed. It is important to note that this law does not subject people to penalties for noncompliance and, therefore, the means stated within are more of a suggestive,…
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Joseph Battaglia Secures Civil Judgment in Favor of Clients Following Two-Day Trial
The County Court in and for Manatee County, Florida has entered judgment in favor of a husband and wife represented by Lakewood Ranch attorney, Joseph Battaglia. The clients were sued by a local roofing company after the husband and wife withheld the final payment based upon defects in the roof’s installation. Prior to the lawsuit…
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AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.
On this Throwback Thursday we will look at an oldie-but-goodie opinion issued by the Florida Supreme Court. Specifically, we will look at the landmark case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1986), a case which forever changed the expectations and duties placed upon sellers of residential property in Florida. Most of you…
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You Didn’t Get Served – Mattress One v. Sunshop Properties
I’m sure you all remember the 2004 smash hit and box office success, You Got Served. The film’s depth of plot is rivaled only by its extravagant choreography and magnificent soundtrack. Aside from its Oscar-worthy qualities, this film will stand, for eternity, as a cautionary tale of why one should never work for a drug…
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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. A Final Summary…
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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…
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Conflict Alert: Prevailing consumer in account stated action may not be able to recover attorney’s fees and costs from a losing debt buyer
Does conflict make the world go ’round? No, according to The Stylistics (save a click: according to The Stylistics, people do). But conflict sure keeps things interesting, and it undoubtedly also keeps attorneys and their clients on their toes. In a recent decision,[note]Ham v. Portfolio Recovery Assocs., LLC, 2018 WL 6253294, ___ So. 3d ___…
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Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale was set to occur,…