Florida Foreclosure Defense Lawyer Blog

How do I start a lawsuit? A lawsuit also known as a case is a legal action filed in court to settle legal disputes among parties.  Often the plaintiff is seeking money, costs, interest, and attorney fees from one or more defendants. Although it is generally not necessary to to have an attorney to file a…

When someone dies, emotions are high. Family and friends must first generally put their loved one to rest, obtain death certificates and begin the process of sorting out the decedent’s affairs.  Often, it is necessary to hire a probate attorney.  Florida Probate Rule 5.030 requires that every personal representative be represented by an attorney licensed to practice…

Tax Deed Sales May Be Set Aside for Lack of Notice The Cancellation and the Setting Aside of a tax deed sale is possible if the property owner was not afforded “due process”; meaning notice of the upcoming tax deed sale and an opportunity to be heard.  A property owner whose house is to be sold…

What constitutes a Vulnerable Adult? Florida law defines a “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or…

It is critical that owners remain vigilant of their rights as more and more Complaints for injunctions continue to be sought by Homeowner Associations and Condominium Associations to compel compliance with the governing documents such as the declaration, and/or rules and regulations. Injunctions are Extraordinary and Drastic Remedies Injunctions are an “Extraordinary Remedy” and should…

Have you been sued for subrogation? A complaint for subrogation is usually filed when an insurance company paid out money to its insured and now seeks to recoup that money from the defendant who caused the damage to its client.  In this way, the insurance company is stepping into the shoes of its insured.  Claims for subrogation…

Equitable Liens in Litigation You may be surprised to learn that a court can impose a lien over property even when there is no written or special contract between the parties.  This type of lien is known as an “equitable lien” and it arises out of fundamental maxims of fairness-as opposed to an express contract.  In deciding…

What is a Notice of Lis Pendens? Lis Pendens is Latin for “suit pending”.   Lis Pendens are used to give notice to the world that there is a lawsuit pending that involves real property and they are commonly filed in partitions, foreclosures, and disputes involves title to real property.  A person’s right to record a lis pendens…

What is a power of attorney? Simply put, a Power of Attorney is “a writing that grants authority to an agent to act in the place of a principal.” § 709.2102(9), Fla. Stat.. Thus, it “creates the relationship of principal and agent between the one who gives the power and the one who holds it.” Kotsch…

Case law is based on precedents and judicial decisions from previous cases and attorneys rely on it when advocating for a client in court. In this blog we explore holdings that may be useful to our partition clients. -Money Damages Unavailable in Partition Morrison v. Smolarick, 334 So. 3d 675 (Fla. Dist. Ct. App. 2022) Summary:  Homeowner…