I surrender. Take my house. Actually, on second thought…

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.

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2d DCA: Florida Statutes Section 732.507 Inapplicable Following Divorce When the Will was Executed Prior to Marriage

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 at the time the will was executed. The will provided that, if Gordon died before Priever (spoiler alert, he does), then the real property would be devised to Gordon’s two children. Then, two years after the will was executed, Gordon and Priever marry one another. But, as all good things come to an end, the two divorced from one another about 5 to 6 years later. Two years later, Priever passed away (told you). At the time of his death, Gordon was alive, and Priever had no children and no spouse. He did, however, have a father.

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