June 24, 2022 – Our Eviction Law’s Constitutionality to Be Argued Monday Before Hillsborough County Judge

  Good Morning I hope this newsletter finds you doing well. You might remember that on April 10th, we announced that we had filed a constitutional challenge to Florida’s pay-to-play eviction law in Hillsborough County Court.  Argument is scheduled to be...

March 12, 2022 – The Role of The Lawyer

Sometimes the practice of law can get so busy that it can be healthy to step back for a moment and reflect on what it is that you are doing after all. Recently, I have been putting some thought into the role of the lawyer and what my responsibility is as an advocate....

January 20, 2022 – Important Change to Florida’s Surplus Proceeds Law

If a purchase at a Florida foreclosure sale pays more than the judgment amount, there are surplus proceeds held by the Clerk of Court. There is a Florida law, Florida Statute 45.032, that governs how the surplus proceeds are to be disbursed. An important change has...

October 26, 2021 – Using Requests for Admission in Your Foreclosure Case

If you have been sued for mortgage foreclosure, don’t forget the importance of Requests for Admission. Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney, demanding that the lender make certain admissions. For...

October 10, 2021 – Does The Bank Really Have Legal Standing to Foreclose on My Loan Modification?

When a bank or mortgage company is trying to foreclose on a note that has been sold numerous times, their most common strategy is to add an endorsement on the note called an “endorsement in blank.” For example, let’s say Bank ABC is your original lender and your loan...

October 4, 2021 – Don’t Forget About The Surplus!

Under Florida Statute § 45.032, if a home in foreclosure sells at the foreclosure auction for more than the judgment amount, there should be surplus funds held by the Clerk of Court. So when this happens, who is entitled to that money? The answer: junior lienholders...