201703.03
1

THE LIS PENDENS “EFFECT” IN THE CONTEXT OF A FORECLOSURE

The Fourth DCA recently reversed itself on rehearing in the matter of Ober v. Town of Lauderdale-By-The-Sea in a decision that favorably impacts the foreclosure industry. Ober, 2017 Fla. App. LEXIS 789 (Fla. 4th DCA Jan. 25, 2017). In Ober, the Court interpreted and applied Fla. Stat. § 48.23, commonly referred to as the lis…

201701.30
1

FACE-TO-FACE MEETINGS… ANOTHER CONDITION PRECEDENT TO FORECLOSURE?

The Florida Fifth District Court of Appeal issued an opinion last month which the servicing industry should take note of. The issue involved whether the HUD regulation requiring a “Face-to-Face” meeting creates a condition precedent to enforcement of a note and mortgage. The Court’s opinion did not provide a hard line directive, but certainly provides…

201606.01
2

Properly Evaluating Statute of Limitations Risk

The Florida Statute of Limitations (“SOL”) continues to undergo judicial review and scrutiny. As a result, lenders are wise to conduct a fact-specific analysis of loans that may be impacted by the SOL. Mortgages impacted by the SOL are not destined to being dismissed.  The impact of the SOL may reduce the amount that a…