Yearly Archives: 2020

Bringing a Residential Foreclosure Action? You Need a Verified Complaint

In 2010, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.110(b) to include a verification provision in foreclosure complaints. Subsequently and in an effort to expediate the residential foreclosure process in Florida, the Legislature enacted Section 702.015, Florida … Read Full Post

CATEGORY: Banking & Financial Services Industry Practice Areas:

2020 Amendments to the Florida Statutes Affecting Community Associations

Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance.   Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, … Read Full Post

CATEGORY: Florida Community Association Law Blog Practice Areas:

What are the Conditions Precedent (if any) to Perfecting a Claim to an Assignment of a Life Insurance Policy as Security Collateral for a Loan?

When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Furthermore, in the event the collateral was pledged to multiple … Read Full Post

CATEGORY: Banking & Financial Services Industry Practice Areas: ,

Construction Industry Webinar: Liens and Protecting Your Right to Get Paid

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 2, titled “Liens and Protecting Your Right to Get Paid” covers Florida lien law … Read Full Post

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

Construction Industry Webinar: Notice and Documenting of Claims

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 1, titled “Notice and Documenting of Claims” covers notice and documenting of claims; specifically, … Read Full Post

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

Classifying SBA Loans in Liquidation Status

Lenders, including 7(a) lenders and Certified Development Companies (“CDC”), must be proactive in recognizing when a loan should be classified in liquidation status, and understand the necessary steps in the liquidation process. Lenders who act promptly and follow the necessary … Read Full Post

CATEGORY: Banking & Financial Services Industry Practice Areas:

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 2: Pre-Foreclosure Loss Mitigation Options

After a borrower default, lenders have multiple options to consider.  While foreclosure may be inevitable, with the right facts and strategy, lenders can minimize their risk and maximize their potential recovery. Part 1 of this series provided a general overview … Read Full Post

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

What Insurers Need to Know about Florida’s Statute of Repose for Construction Defects

When can a construction CGL insurer finally breathe easy? The answer can be found in Fla. Stat. § 95.11(3)(c), Florida’s statute of limitations and repose for construction defects. The statute of limitations prohibits construction defect claims 4 years after the claim … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

SBA 504 Loan Liquidation: Which Liquidation Actions Require SBA’s Pre-Approval (Part 2)

504 Loan Liquidation Actions This article is Part II of a two-part blog series, designed to assist 7(a) lenders and Certified Development Companies in determining which liquidation actions require SBA’s pre-approval on SBA loans. Part II in this blog series … Read Full Post

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

Florida Non-Compete Agreements and Protecting Referral Sources and Patient Lists

Many businesses require their employees to sign non-compete agreements, as a condition of their employment.  In Florida, those non-compete agreements and their enforceability are governed by Section 542.335 of the Florida Statutes.   As discussed more fully below, referral sources and … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,