Notice of Lis Pendens based on an Unrecorded Document and the “Fair Nexus” Requirement
A notice of lis pendens is only proper where there is a sufficient link between a cause of action and either legal or equitable ownership of a particular property if the cause of action is based on an unrecorded document. This sufficient link has been labeled by the courts as a “fair nexus.” Blue Star […]
New Rules to Protect Mortgagors
The Consumer Financial Protection Bureau (“CFPB”) released new rules to protect consumers from mortgage servicing companies. The new rules have nine major topics that cover periodic billing statements, interest-rate adjustment notices for adjustable rate mortgages, prompt payment crediting and payoff statements, force-placed insurance, error resolution and information requests, general servicing, early intervention with delinquent borrowers, […]
In Pari Delicto Defense Fails for Unlicensed Contractor
In Earth Trades, Inc. v. T&G Corp., No. SC10-1892 (Fla. 2013), the Supreme Court of Florida reviewed the Fifth District Court of Appeal’s holding that Florida Statute §489.128, which governs construction contracting, precluded an unlicensed contractor from employing the defense of in pari delicto. In pari delicto is a defense that bars a plaintiff from […]
The Doctrine of Forum Non Conveniens in Florida
The doctrine of forum non conveniens authorizes a trial court to decline to exercise its jurisdiction, even though the court has venue, where it appears that the convenience of the parties and the court, and the interests of justice indicate that the action should be tried in another forum.” In Kinney Sys., Inc. v. Cont’l […]
Florida Condominium Law: Declaration of Condominium
The Declaration of Condominium is an extremely important condominium document. The declaration as originally recorded or as amended may include covenants and restrictions concerning the use, occupancy, and transfer of the units permitted by law with reference to real property. (Fl. St. § 718.104). Buyers should be aware of any covenants or restrictions in their […]
Signing Without Reading – Not a Defense to Contract Enforcement in Florida
The general rule in Florida is clear – No party to a written contract in this State can defend against it’s enforcement on the sole ground that he signed it without reading it. This rule was acknowledged and applied in Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So. 2d 311 (Fla. 5th […]
Florida Mortgage Law: Receiverships
When a lender seeks to foreclose a property, it may be advantageous to have a receiver appointed by the court. A receiver’s responsibilities are to take custody of, manage, and preserve property. In deciding whether or not to appoint a receiver, the court will balance the owner’s right to own and possess the property and […]
Florida Business Torts Update: Skytruck Co. LLC v. Sikorsky Aircraft Corp., 12-10708, 2012 WL 6198101 (11th Cir. 2012)
In Skytruck Co., LLC, an aircraft distributor (“Skytruck”) brought an action for tortious interference and unjust enrichment against an aircraft manufacturer following the manufacturer’s direct interaction with aircraft procurement firm contracting with the Air Force. The manufacturer moved for summary judgment, which motion was granted by the district court. On appeal, it was held that […]
Florida Mortgage Law: Assignment of Rents
In Florida, there are several types of security that a mortgagee can negotiate and obtain with respect to a mortgage loan secured by real property. One such security can include the rentals that are generated from the real property itself. A mortgage or separate instrument can provide for an assignment of rents of real property […]
The Importance of a “Time is of the Essence” Provision
In Inspiration Yacht Charters, Inc. v. Inspiration Yacht Charters II, Inc., 11-14931, 2012 WL 3731704 (11th Cir. 2012), Inspiration Yacht Charters I, Inc. (“seller”) agreed to sell a yacht to KK Aggregates, Inc. for $7,000,000 with a $690,000 security deposit to be held in escrow by KK Aggregates’ broker. KK Aggregates assigned its interest in […]
