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 a summons. The defendants may be served by personal service […]
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 Statutes Pursuant to Section 697.07, Florida Statutes, a mortgage or […]
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 Managing Problem Projects webinar was geared towards Subcontractors and was […]
Featured in the August 2020 Issue Partner’s Perspective: You Have to be a Survivor to be a Provider Two Jimerson Birr Partners named Best Lawyers in America Register Now: Navigating Turnover of a Community Association from the Developer to the Community Managing Problem Projects: Construction Delay Claims Webinar New Law Blogs […]
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 filing of a “verified” foreclosure complaint that sufficiently alleges standing, […]
Jacksonville, Fla. – August 20, 2020 – Jimerson Birr partners Charles B. Jimerson and James O. “Joby” Birr, III, have been recognized as two of The Best Lawyers in America© for 2021 according to U.S. News & World Report, which recognizes only the top 6% of attorneys practicing in the […]
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 tips to use Florida’s Construction Lien Law to their advantage […]
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, the business judgment rule will protect directors from personal liability […]
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 have a receiver appointed by the court in commercial foreclosure […]
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 can be confusing, frustrating, carry heavy penalties, and must be […]