Florida
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Welcome to the New Age: The Federalized Summary Judgment Standard Arrives in Florida – Fla.R.Civ.P. 1.510
For Florida lawyers, the landscape of civil litigation has shifted dramatically. Effective May 1, 2021, the Sunshine State embraced the federal summary judgment standard, significantly amending Florida Rule of Civil Procedure 1.510. This marks a significant change in how courts will resolve cases without trial. This blog post delves into the new standard, its implications…
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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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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,…