Florida Foreclosure Defense Lawyer Blog

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…

What is a Declaratory Judgment? A declaratory judgment is a legally binding judgment entered by a court that to acts to resolve legal uncertainty between the parties. As part of a declaratory judgment, a court rules on and affirms the rights, duties, or obligations of one or more of the parties to the dispute.  For example, contractual…

Attorney Spotlight Edition From Partnership to Discovering His Own Path Ormond Beach, Florida — Florida-based law firm Law Offices of Andrew J. Pascale, P.A. is owned and operated by Andrew J. Pascale.  Andrew demonstrates a sharpened ability to efficiently identify and resolve client matters. “I’ve known Andy for ten years or more and his work ethic…

Claims for money lent under Florida law can arise when loaning money from one person to another person for a specific purpose and the borrower failing to repay as agreed thereafter.  A claim for money lent is relatively simply and is comprised of: What does a complaint for money lent look like? Plaintiff, A. B., sues…

Both civil assault and battery are voluntary and intentional acts. In some cases, those who sustained injuries from an intentional act may seek financial compensation from their offenders. Per Florida law, assault and battery victims may file a civil claim against the at-fault party like victims of traffic accidents, slip-and-falls, or other accidents in which…