Mortgage Foreclosure and Alternatives

ebook Ninth Edition

By Florida Bar Continuing Legal Education

cover image of Mortgage Foreclosure and Alternatives

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Florida Practitioner's Guide: Mortgage Foreclosure and Alternatives contains case law addressing the following issues:

  • documentation required to establish the right/standing to foreclose
  • foreclosure by mortgage servicing companies and assignees (and the use of robosigners)
  • status of MERS as foreclosing party
  • conditions precedent to filing foreclosure including diligent search and inquiry
  • treatment of homeowner and condominium association assessments
  • appointment of a receiver
  • timeshare foreclosures
  • defenses to foreclosure
  • cancelling or rescheduling sales, and grounds for setting aside final judgments or sales
  • right of redemption
  • deficiency judgments
  • short sales
  • effect of bankruptcy stay on foreclosure proceedings and standing to pursue relief from stay
  • termination of stay for repeat filers, and stay relief for cause including lack of adequate protection
  • Revisions to Florida statutes and updated case law addressing foreclosure and alternative options to collect on secured debt
  • Udated discussion of pertinent case law and provisions of the Bankruptcy Code and Rules that have an impact on foreclosure proceedings
  • Additional and revised forms for filing foreclosure actions and seeking relief in Bankruptcy Court

    This manual includes a discussion of newly enacted and amended statutes and new case law addressing: foreclosure complaints, service of process, lien priority, conditions precedent, statute of limitations, adequate protection, show cause procedures for interim payments, summary judgment, deficiencies, and setting aside foreclosure judgments.

    A comprehensive discussion of bankruptcy is included and addresses relief from stay procedures, cram down, trustee's deeds, and new Bankruptcy Rule 3002.1.

    The manual contains over 40 forms.

  • Mortgage Foreclosure and Alternatives