Delray Beach Wants to Quiet Title
Delray Beach city leaders want to sell a piece of land off West Atlantic Avenue, but cannot because they do not know who owns it. The only information known about the last owner is that his name was John Smith and he was alive in 1931. Smith filed a petition that year claiming to be […]
Treble Damages Not Assessed Against Representative Who Was Not a Party to the Contract
In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims relating to providing unlicensed contracting services. HCM was contacted by Comet, Inc. (“Comet”) to complete the construction of a single-family residence in […]
Investors Purchasing Distressed Florida Properties
Investment firms are buying distressed properties nationwide. Florida foreclosures are among the most popular with these firms. The popularity of Florida properties may have to do with speculation that cities like Miami will be among the nation’s fastest growing in the next decade. Last year, firms including American Homes 4 Rent, Blackstone Group, Waypoint Homes, […]
Aircraft Financing Commission Dispute – Implied Contract Theory
A contract implied in law, or quasi contract, operates where there Is no contract in place to provide a remedy where one party is unjustly enriched, and where that party received a benefit under circumstances that made it unjust to retain it without giving compensation. The plaintiff n Associated Leasing International Corp. v. Alpha Capital […]
Agencies Issue Final Rule on Appraisals for Higher-priced Mortgage Loans
A final rule establishing new appraisal requirements for higher priced mortgage loans was issued by federal financial regulatory agencies. The rule implements amendments to the Truth in Lending Act. For mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage, the final rule requires creditors to obtain an […]
Lack of Personal Jurisdiction – Breach of Contract Action by Broker for Failure to Pay a Commission on Aircraft Sale
In Corporacion Aero Angeles, S.A. v. Fernandez, 69 So. 3d 295 (Fla. 4th DCA 2011), the plaintiff, Jamie Gaston Fernandez (“Fernandez”) brought an action for breach of contract arising out an oral brokerage agreement for the sale of a jet owned by Aero Angeles, a Mexican corporation (“Aero”). Fernandez claimed that he was not paid […]
Florida Statute section 702.10 – Expedite Foreclosure Procedure
Florida Statute section 702.10 provides for an expedited procedure by which a mortgagee can seek to foreclose on a mortgage. Through this statutory section, a mortgagee can accelerate a foreclosure case by moving the court to conduct a hearing to show cause, and if no cause shown, the mortgagee can obtain a final judgment of […]
Types of Florida Listing Contracts for Brokers
There are different types of listing contracts available. In Florida, the most common listing contract is an exclusive right of sale. The exclusive right of sale gives brokers the best chance for a return on expenses incurred trying to sell a home. Also available, but less popular are an exclusive agency listing or an open […]
Requirement of Original, Uncanceled Promissory Note
Florida law requires the production of the original note for a party to recover on same. A payee’s possession of an original uncanceled promissory note raises a presumption of non-payment that shifts the burden of proof to the payor to establish payment or another defense. In the absence of the original note, the burden will […]
Alleged Adverse Possessor Charging Rent Gets Arrested
In West Palm Beach, Nathalie Heil was arrested on February 1, 2013, and faces charges of grand theft and fraud. Various news sources indicate that Heil has been accused of renting her neighbor’s foreclosed home. Heil claims she owns the property through adverse possession. To claim adverse possession, a claimant must file a DR-452 form […]
