Foreclosures in Florida
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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