By: Tracy M. Evans, Associate, Saxon Gilmore & Carraway, P.A. A new decision from the Fourth District Court of Appeal (the “Fourth DCA”) regarding Florida’s lis pendens statute undermines the statute’s purpose, weakens the foreclosure process, and is likely to prove detrimental to lenders, borrowers, and junior lien-holders, alike. A notice of lis pendens is...Read More

By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. On April 13, 2016, the Third District Court of Appeal (“Third DCA”) ruled that the five year statute of limitations does not ban a subsequent foreclosure action where a dismissed prior foreclosure suit was filed more than five years ago. The decision brings the...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A recent opinion issued by the Second District Court of Appeal (“Second DCA”) in the case of Dever v. Wells Fargo Bank, National Association (“Wells Fargo”), et. al., Case No. 2D13-5830, highlights an important deadline for junior lienholders seeking to claim surplus funds...Read More

By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. A common defense in mortgage foreclosure actions is that the statute of limitations has run. In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the...Read More