The tides have turned for Red Lobster, the iconic seafood dining destination, as the company has filed for Chapter 11 bankruptcy protection. As the restructuring process unfolds, it's crucial for customers, employees, and...more
Usury is the unlawful lending of money at unreasonably high rates of interest. So, what is unreasonable? And what happens if your loan goes beyond that amount?...more
While the headlines focused on the additional stimulus checks being sent out again to many Americans, the same law made some temporary tweaks to the bankruptcy code, three in particular that will affect commercial landlords...more
Early in the response to the COVID-19 pandemic, various foreclosure moratoriums effecting Florida real estate were issued. The U.S. Department of Housing and Urban Development (HUD) issued a moratorium on all foreclosures of...more
12/3/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Fannie Mae ,
Federal Housing Administration (FHA) ,
FHFA ,
Financial Distress ,
Florida ,
Foreclosure ,
Freddie Mac ,
HUD ,
Infectious Diseases ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rental Property
On Monday, September 1, 2020, Florida Governor Ron DeSantis extended (for a fifth time) a previous executive order that suspended and tolled the Florida statutes that provide for final action at the conclusion of a...more
9/2/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Florida ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180 that extended (for a fourth time) his previous executive order which effectively put a moratorium in place on mortgage foreclosures and residential...more
7/31/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Florida ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
Until July 1, 2020, there was no comprehensive statutory scheme for the appointment receivers of commercial real estate in Florida. Instead, receiverships of commercial real estate had been governed only by a patchwork of...more
This week, Florida Governor Ron DeSantis extended, for a third time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and...more
7/2/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Florida ,
Foreclosure ,
Landlords ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
State of Emergency ,
Tenants
Assessments owed to condominium and homeowners associations (Associations) now may be consumer debts as defined by the Florida Consumer Collection Practices Act (FCCPA)....more
Yesterday, Florida Governor Ron DeSantis extended, for a second time, a previous executive order that suspended and tolled any Florida Statute that allows landlords to evict residential tenants for non-payment of rent, and...more
6/2/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Landlords ,
Lenders ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
The government’s response to the COVID-19 pandemic has resulted in federal assistance to numerous industries and individual taxpayers, but notably has left the state legalized marijuana industry out in the cold....more
5/31/2020
/ Agribusiness ,
Assignment of Benefits (AOB) ,
Bankruptcy Plans ,
Cannabis-Related Businesses (CRBs) ,
Chapter 7 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Financial Distress ,
Hemp Related Businesses ,
Marijuana Related Businesses ,
Receivership
Given the economic impact of COVID-19, both monetary and non-monetary defaults on commercial loans are likely in the next few weeks and months, if not a reality already. Both lenders and borrowers should consider initiating...more
On April 2, 2020, Governor DeSantis issued Executed Order Number 94-20 which suspended and tolled “any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days.”...more
The recently passed CARES Act provides various types of relief as a result of the coronavirus pandemic. One source of that relief comes in the form of temporary changes to the bankruptcy code, which, for the next year, may...more
Effective immediately, the U.S. Department of Housing and Urban Development (HUD) has issued a moratorium on all foreclosures of FHA-insured single family homes for the next sixty days (through May 17, 2020)....more
Collecting smaller debts may be getting easier. On May 24, 2019, Governor DeSantis signed HB 337 which increased the jurisdictional limits of the county courts. Presently, county courts handle lawsuits for up to $15,000 while...more
The Summer 2017 issue of The Fine Print focuses on litigation and features articles on vehicle insurance claims, managing construction risks, what to know when buying a loan and more.
...more
The tides have turned in Ober v. Town of Lauderdale-By-The-Sea as the Fourth District Court of Appeal recently reversed its decision and revived the full impact of Florida’s lis pendens statute. By withdrawing and replacing...more
Preparing For A World When Lis Pendens Protections Are All But Ober -
“BEWARE REAL PROPERTY LITIGATORS” warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar.
This advice, given...more