Foreclosures in Florida, Second Edition with 2016 Supplement

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ISBN: 9781422453292
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ISBN: 9780327173595
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2nd Edition
ISBN: 9780327173595
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Foreclosures in Florida, 2nd Edition provides comprehensive coverage of the law as well as the legal strategies for lenders and borrowers embroiled in litigation. The title features a detailed examination of foreclosure procedures from the inception of default all the way to the impact of foreclosure appeals by compiling an analysis of the practical consideration, the legal principles and the hundreds of Florida decisions that govern the foreclosure process.

Other features include:

•  A breakdown & analysis of pre-trial issues Includes dozens of forms
•  An overview of the current foreclosure crisis
•  The latest developments concerning mortgage fraud
•  Legal strategies for borrowers including extensive treatment of lender liability laws
•  Highlights differences among Florida courts in such areas as defaults, receiverships, objections to foreclosure sales & motions for deficiency
•  Provided an unparalleled examination of the law and strategies for deficiency judgments, including an analysis of the rarely considered right to trial by jury
•  Presents the mechanics and case law governing foreclosure sales and the issuance of title, as well as the framework for objections to sale


Visit our Real Property website for a complete list of The Bar’s Rules of Procedure related titles.

Visit our Florida Bar Continuing Legal Education Publications website for a complete list of The Bar’s titles.


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Table of Contents

Chapter 1 -- Introductory Principles



Chapter 2 -- Transactions That Function As Mortgages



Chapter 3 -- Wraparound And Balloon Mortgages



Chapter 4 -- The Mortgaged Property And The Mortgage Debt



Chapter 5 -- Default And Acceleration



Chapter 6 -- Pre--Foreclosure And The Work--Out Options



Chapter 7 -- The Foreclosure Action: Preliminary Considerations



Chapter 8 -- Parties In Foreclosure Actions



Chapter 9 -- Foreclosure And The Election Of Remedies



Chapter 10 -- Lien Priorities: From Federal Taxes To Condominium Assessments



Chapter 11 -- Preparing And Filing The Foreclosure Action



Chapter 12 -- Prejudgment Relief: Receivership, Rents And More



Chapter 13 -- Litigating The Foreclosure: The Process And The Strategies



Chapter 14 -- Judgment Of Foreclosure And Sale Of Property



Chapter 15 -- Rights Of Redemption



Chapter 16 -- Reforeclosure Of Property



Chapter 17 -- Deficiency Proceedings And Mortgagee Damages



Chapter 18 -- Appealing The Foreclosure Judgment



Chapter 19 -- Bankruptcy Considerations



Chapter 20 -- Foreclosure Defenses - Pleading And Practice Considerations



Chapter 21 -- Contractual Defenses



Chapter 22 -- Fraud



Chapter 23 -- Duress



Chapter 24 -- Equitable And Statutory Defenses



Chapter 25 -- Other Defenses: Marshalling Assets And Equitable Liens



Chapter 26 -- The Counterclaim As A Defense To Acceleration And Foreclosure



Chapter 27 -- Avoidances To Foreclosure Defenses



Chapter 28 -- Introduction To Lender Liability



Chapter 29 -- Breach Of Contract Claims



Chapter 30 -- Tort Causes Of Action



Chapter 31 -- Lender Liability And The Evolving Theories



Chapter 32 -- Statutory Claims



Chapter 33 -- Litigation Considerations: Dismissal Motions, Discovery And Damages



Chapter 34 -- The Challenge Of Mortgage Fraud