WHAT CAN CAUSE A DEFAULT AND ACCELERATION IN A COMMERCIAL MORTGAGE?
Default and acceleration in a commercial mortgage will often happen just as a function of the debtor's failure to pay the payments when due. Beyond that, sometimes the debtor will try and transfer the title to the property, or the creditor may make the determination...
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WHAT IS A CONSTRUCTION DEFECT?
A construction defect is a failure in workmanship either defined by industry standards or the Florida Building Code. It's important, if you believe that you are facing a construction defect, that you consult with an attorney who is familiar with Chapter 558. There's an entire...
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FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING
For the Practitioner: Beat the Entry of an Order of Dismissal Post-Hearing My name is Jim Boatman. I’m a commercial litigator practicing out of Naples, Florida. I came across an interesting issue in the Florida Law Weekly for February 2, 2018. It came out of 3rd District Court of Appeals in the...
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HURRICANE IRMA AND “FRUSTRATION OF PURPOSE”
Hurricane Irma has affected Southwest Florida in many different ways.
For some, their business plans have been shattered as a result of the devastation. Such shattered...
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FHA FORECLOSURE MORATORIUM
The U.S. Department of Housing and Urban Development (HUD) has announced relief for those affected by Hurricane Irma. HUD has announced several different programs for relief. These may be of some help to you:
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HURRICANE IRMA: WHEN AN “ACT OF GOD” MAKES CONTRACTUAL PERFORMANCE IMPOSSIBLE
Before Irma was even on the minds of Southwest Floridians, life was as normal and business was as usual. People, as they normally do, entered into contracts: contracts for construction of homes, purchase or rental of homes, maintenance, landscaping, remodeling, and anything else you...
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WHAT DOES “HOMESTEAD” MEAN IN FLORIDA?
In Florida, the term “homestead” property gets tossed around often, but do you really know what homestead means? The goal of Florida homestead law is to protect Florida families. The Florida Constitution provides three different forms of homestead protection for Florida homeowners:
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THE DOWN SIDE OF RESTRAINING ORDERS IN FLORIDA
Restraining Orders in Florida
Florida Statute Section 784.046 allows a victim of repeat violence, dating violence or sexual violence to obtain a protective injunction against their aggressor or in some cases their “aggressor.” This is commonly referred to as a “restraining order” although it is technically...
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LITTLE KNOWN ALTERNATIVE TO BANKRUPTCY
Chapter 727 Assignment for the Benefit of Creditors
Assignment for the benefit of creditors is generally thought...
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WHAT IS REQUIRED TO FILE A CLASS ACTION SUIT?
We have all seen the commercials…
A lawyer comes on your screen and begins explaining how you might have a claim for damages against a certain company. He asks if you’ve ever used such and such product and suffered an injury. He then proceeds to ask...
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