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Blog Posts in January, 2016

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  • Competing Liens
    Competing Liens

    Mortgage foreclosure actions are equitable in nature. See § 702.01, Fla. Stat. U.S. Bank Nat. Ass'n v. Farhood , 153 So. 3d 955, 958 (Fla. 1st DCA. 2014). However, the “long-enduring principle that ...

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  • Who Can Foreclose?
    Who Can Foreclose?

    There used to be a time when you borrowed money from a bank for a mortgage, you made your mortgage payment to that bank. Eventually, the banks decided to bundle and sell off your mortgage to other ...

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  • Examining the Witness
    Examining the Witness

    We’ve all seen in on TV and in the movies – the lawyer approaches the witness on the stand, drills them with questions, and eventually, the witness breaks down and admits that everything was a lie. ...

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  • Judicial Admissions
    Judicial Admissions

    An essential part of most lawsuits is the discovery conducted by the parties. One type of discovery commonly used is called a Request for Admission. Under the Florida Rules of Civil Procedure 1.370, ...

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  • Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do,  But it is also a Powerful Tool.
    Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do, But it is also a Powerful Tool.

    In the very least, it is well established that “a basic element of procedural due process is notice and an opportunity to be heard . Jade Winds Ass'n, Inc. v. Citibank, N.A. , 63 So. 3d 819, 822 (Fla. ...

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  • Is a Bond Required? That Is The Question
    Is a Bond Required? That Is The Question

    In civil law matters the purpose of a bond is to secure the prevailing party against the risk that the judgment debtor will be unable to meet the obligations pending appeal and to protect the ...

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