Florida Foreclosure Defense Lawyer Blog

Assignment of Mortgages  An assignment is when one person gives their rights under a mortgage to another person. The new owner inherits the same rights as the original owner, subject to Florida property law. The assignment should be recorded. The right of the mortgagee to assign the mortgage is specifically recognized by the Florida statutes.…

The Florida Uniform Partition of Heirs Property Act defines “heirs property” as real estate held in tenancy in common, meeting specific criteria related to family ownership.  The Act outlines procedures for partitioning heirs property, including court-ordered appraisals, cotenant buyouts, and equitable accounting.  If a buyout is not completed, the court will proceed with a traditional partition action.…

Jurisdiction: All actions for partition are in equity. Venue: Partition shall be brought in any county where the lands or any part thereof lie that are the subject matter of the action. Parties: The action may be filed by any one or more joint tenants, tenants in common, or coparceners against their cotenants, coparceners, or others interested…

If someone’s personal property is taken by mistake or illegally, they can ask a court to get it back. They can also ask for any damages they’ve lost because of the wrongful taking or detention. The court can also record a notice to let anyone who knows about the claim know.  This law has been around…

Borrowers have the right to fight back against a foreclosure complaint. It’s usually a good idea to use affirmative defenses. There are many possible defenses, from problems with the mortgage itself, like lack of consideration, fraud, duress, usury, payment, and so on, to the fact that the borrower didn’t default. Other defenses include equitable estoppel,…

If there’s still money owed to the mortgagee after the foreclosure sale, then there’s a chance of a deficiency judgment.  There are two ways a lender can get a deficiency judgment against a borrower. The lender can either ask the court to rule in its favor during the foreclosure process, or it can file a separate…

What is Mediation? In a nutshell mediation is a voluntary process for resolving conflicts, often mandated by courts or regulations in small claims, housing, family, and some criminal courts. It’s faster, more affordable, and simpler than going to court, focusing on underlying causes rather than legal details. A neutral mediator facilitates communication, helps find common…

What is Interpleader? A complaint for Interpleader is a legal action that intervenes when multiple individuals or entities claim the same asset or financial interest.  A neutral third party, known as the stakeholder, steps in and transfers the disputed asset or funds to the court’s custody. The court then determines the rightful owner or beneficiary. The…

What is it? Wrongful or Tortious Interference with a Testamentary Expectancy arises in situations where someone tortiously interferes with the estate planning of another.  Florida first recognized it as a viable legal theory in 1966 that authorizes the injured beneficiary to file to what amounts to a derivative lawsuit for the recovery of damages.  The public policy…

Trust Contests are treated the same way as Will Contests in a lot of ways, but there are some significant differences between the two.  The Florida Trust Code, F.S. Chapter 736, governs most trust matters.  Execution of Trusts and Resulting Enforceability For a Trust to be enforceable, it must generally be executed by the settlor in…