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foreclosure
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...
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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...
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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...
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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...
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By Tracy M. Evans, Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. An order granting relief from the automatic stay issued on June 14, 2013, by the Southern District of Florida Bankruptcy Judge, Laurel M. Isicoff, constitutes a victory for a secured creditor who had faced multiple delays to a foreclosure sale caused by improper bankruptcy...
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