On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state. The primary focus of the Act is residential real estate foreclosures, however, a number of the new foreclosure requirements also relate to commercial real estate foreclosures. Section…
Florida Law Provides for the notice a homeowners’ association must give to its members of any meetings of the Board or Directors. Florida law also provides for who has the right to attend these meetings. Section 720.303 of the Florida Statutes states: 2) Board meetings.– (a) A meeting of the board of directors of an…
The amount of fees to which a prevailing party is entitled in any lawsuit where they are at issue are calculated following a method laid out by the Florida Supreme Court in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). This method is often referred to as the “lodestar” method because the Court…
This question used to come up quite often in the early days of the foreclosure boom; however, the courts put this question to bed a long time ago. If the only issue is the pending foreclosure, the tenant does not have the right to unilaterally terminate the lease agreement. Additionally, the tenant is required to…
A proposal for settlement in Florida can be filed by either party to a lawsuit. Section 768.79 of the Florida Statutes provides for the proposal for settlement, a/k/a offer of judgment. Proposals for settlement are most often used in personal injury cases; however, they can be utilized in other cases as well. The proposal itself…
Landlords often make the mistake of not considering whether they need to provide their former tenants the security deposit notice required under Florida law after the tenants are evicted. It is rare that anything happens to the Landlord as a result. The reason seems to be that once a tenant is evicted, they may think…
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state. One of those changes affected the statute of limitation regarding the bank/lender’s ability to pursue deficiency judgments after a home is sold through a foreclosure auction. What…
Generally speaking, the lease terms cannot be unilaterally changed before the lease expires. However, when the lease is up for renewal, either of the parties may choose not to renew, or to change the terms. If the lease is month to month, each month is a new lease. Therefore the landlord may change the terms…
1. Mediation is intended to be a non-adversarial process to resolve issues without further Court involvement. Mediation is not intended to mimic the often adversarial process you see in court. In all actuality, often enough the purpose of mediation is simply to get the parties to communicate in the hopes of coming up with some…
The Florida Consumer Collection Practices Act (FCCPA) prohibits debt collectors from using certain types of abusive, deceptive and misleading debt collection tactics. The FCCPA is in addition to the protections provided by Federal debt collection law and may provide greater protection to Florida residents, as well as ways for you to collect money from your harassers! Section 559.72 of…
The Consumer Financial Protection Bureau (CFPB) recently reported that 3,428 consumers filed CFPB complaints against debt collectors in March 2014 and nearly 1,200 filed lawsuits. That’s all in one month. Many might be surprised to know that complaints from Florida were near the top of the list. Florida ranked only behind California in the number of…
One of the most unfortunate situations is where the relationship breaks down between friends, or even family members, which results in the need to have the person removed from your home. Many people make the costly mistake of filing an eviction to have the person or persons removed. However, eviction is not allowed under Florida…