By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in FAHROGRAM, November/December 2013 A recent investigation and report released by the State Attorney for Orange County, Florida (the “State Attorney”) analyzed the applicability of Florida’s law regarding the retention and destruction of public records in the context of digital text messages...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. There are a number of common arguments being made by condominium associations (“associations”) to maximize their recovery of assessments from first mortgagees due to possible ambiguities in Chapter 718, Florida Statutes. The following is a summary of some of these arguments. Under §718.116(1)(b)(1),...Read More

By: Sean Roth | Real Estate Editor Business Observer http://www.businessobserverfl.com/section/detail/tampa-housing-authority-nearing-construction-start-for-reed-apartments/ BUYER: The Reed at Encore LP (principals: Hazel Harvey, Robert Shimberg, Jerome Ryans, Manny Alverez, Billi Johnson-Griffin and Ruben Padgett), Tampa SELLER: Housing Authority of the City of Tampa PROPERTY: a portion of land south of Scott Street between Hank Ballard and Blanche Armwood streets,...Read More

By Michael T. Fraser, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Two recent Eleventh Circuit decisions have held that not all mortgage assignments must be disclosed to borrowers by loan servicers. A loan servicer is not required to disclose to a borrower the assignment of a mortgage when the assignment was made to allow the...Read More

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. In a recent opinion issued on July 16, 2013, the Eleventh Circuit Court of Appeals reversed the Middle District of Florida’s entry of summary judgment in a case involving overtime and minimum wage protections of the Fair Labor Standards Act (“FLSA”). The plaintiffs in...Read More

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. On July 9, 2013, a lawsuit was filed in the Southern District of Florida against the regulator of Fannie Mae and Freddie Mac, the Federal Housing Finance Agency (FHFA) and its acting director, Edward DeMarco. The lawsuit was filed by four members of extremely...Read More

by Ricardo L. Gilmore, Esq., Shareholder, Saxon, Gilmore, Carraway & Gibbons, P.A. Published in FAHROgram, July/August 2013 I enjoyed seeing those of you who attended the annual Executive Directors’ Forum last month. During the session I conducted, I mentioned that even though FAHRO was not as successful as we would have liked with getting significant...Read More

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The Florida Supreme Court issued an opinion on June 6, 2013, adopting the publication and use of standard jury instructions for contract and business cases. This is the first time that standardized jury instructions have been approved for use in contract and business litigation....Read More

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. On June 7, 2013, Governor Rick Scott approved and signed HB 87 which provides significant changes to Florida’s foreclosure laws. The bill was created with the intent to help eliminate the growing Florida foreclosure case backlog. Some of the changes enacted by the bill...Read More

By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. The Consumer Financial Protection Bureau (CFPB) is a federal agency established by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, responsible for regulating consumer protection with respect to financial products and services. One of the core functions of the CFPB is...Read More