Category Archives: Litigation

September 11, 2015

Statute of Limitations – The 5 Year Rule

Most homeowners are aware of the term “statute of limitations” and have heard that if the bank does not foreclose on their property within five years then they get the property free and clear. The courts are still sorting out how to interpret Florida Statute 95.11(2)(c) and relevant case law, which states that a party […]

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July 26, 2015

Summary Judgment and a Prisoner’s Right to Appear at the Hearing

In movies and TV, a court case always ends with a dramatic trial. A witness breaks down in tears and admits guilt. A startling new piece of evidence changes everything. Justice is served, and the courtroom erupts in cheers. Foreclosure cases don’t usually have these dramatic scenes. In fact, many foreclosure suits are resolved without […]

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July 6, 2015

Can a Lender Enforce a Wife’s Personal Guarantee on Her Husband’s Loan?

She never thought she’d be a defendant in a foreclosure case. She didn’t even buy property. All she did was sign a personal guarantee for her husband’s business loan. It was routine, they said. And now she’s facing a foreclosure suit that could cause her to lose everything she has. Does she have any defense? […]

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