Yearly Archives: 2020

Serving a Defendant in a Residential Foreclosure Action by Publication

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court.  All named defendants will need to be notified of the lawsuit by being served process with a copy of the complaint and … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas:

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Assignment of Rents under Section 697.07, Florida … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , , , ,

Construction Industry Webinar: Construction Delay Claims – Best Practices for Subcontractors

Construction Delay Claims: Best Practices for Subcontractors aired on Thursday, September 10, 2020. It provided legal insight and best practices to employ throughout a project to improve your chances of successfully bringing a claim for delay, disruption, or acceleration. This … Read Full Post

CATEGORY: Florida Construction Industry Law Blog

Florida’s Fast-Track Residential Foreclosure Process

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes. This fast-track foreclosure process starts with the … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog Practice Areas:

Construction Industry Webinar: Lien Law for Prime Contractors

Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 4 of the series was geared towards general contractors, and provided insights and practical … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , ,

Application of the Business Judgment Rule to Community Association Board of Directors

The board of directors of community associations are responsible for making important decisions affecting the community and its members. As a result, disputes sometimes arise between the association and its members. In the event the dispute evolves into a lawsuit, … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas:

Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

On July 1, 2020, the Uniform Commercial Real Estate Receivership Act (“Act”) became law in Florida as part of the newly created Chapter 714 of the Florida Statutes. The Act codifies existing common law in Florida regarding the right to … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog, Florida Business Litigation Blog Practice Areas: , ,

You received an OSHA citation, now what? Steps any business should consider in response to an OSHA citation

Within the last six months an inspector from the Occupational Safety and Health Administration (“OSHA”) visited your premises and you just received a “Citation and Notification of Penalty” for violations allegedly identified during the OSHA inspection.  Now what?  OSHA citations … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas:

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. With commercial loans, typically the loan documents will include … Read Full Post

CATEGORY: Banking & Financial Services Industry Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Blog Practice Areas: , ,

Construction Industry Webinar: Bond Law for Subcontractors and Suppliers

Managing Problem Construction Projects in Turbulent Times: Tools for Success is a multi-part education series designed for business owners and leaders in the construction industry. Part 3 of the series covered bond law for subcontractors and suppliers, including payment bonds … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: , , ,