Victor H. Veschio Presents Oral Argument Before The Second District Court Appeal

Gibbons | Neuman attorney, Victor H. Veschio, recently presented his oral argument before the Second District Court of Appeal on the issue of whether Florida’s statute of limitations bars a subsequent mortgage foreclosure action where the alleged default date is beyond the applicable 5-year limitation period, but the suit alleging the default also includes “and […]

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THE 11th CIRCUIT RULES THAT A DEBTOR WHO ELECTS TO SURRENDER REAL PROPERTY IN BANKRUPTCY CANNOT CONTEST A FORECLOSURE IN STATE COURT

In the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016), the 11th Circuit Court of Appeals resolved a split among the Bankruptcy Courts as to what “surrender” means within the context of Section 521(a)(2) of the Bankruptcy Code, by ruling that a Debtor who elects to “surrender” real property cannot oppose a […]

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Law Resources

Foreclosure Sale Date or Date of Issuance of the Certificate of Sale— Which Comes First for Purposes of Starting the Clock to Claim Surplus Funds From a Foreclosure Sale?

If you are an inferior lien holder who is named as a defendant in a mortgage foreclosure suit, there is a 60-day period in which you must file a claim to receive any excess funds that may be available from the foreclosure sale.  The question is, when does that 60-day period begin to run? The […]

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Real Estate Litigation

Assignment of Debt Not a Condition Precedent to a Foreclosure Action; Florida Supreme Court Declines Jurisdiction In Brindise

We earlier posted a summary of the Second District Court of Appeals 2-1 decision providing that a written notice of the assignment of a debt as required  under the Florida Consumer Collection Practices Act is not a condition precedent to a foreclosure action. The question was certified to the Florida Supreme Court as a question […]

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Florida Consumer Collection Practices Act

In a Florida case of first impression, the Second District Court of Appeal ruled in a 2-1 decision that providing a written notice of the assignment of a debt as required under the Florida Consumer Collection Practices Act is not a condition precedent to a foreclosure action. The Court analyzed the original Staff Analysis and […]

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