Foreclosures in Florida

Essential guidebook to help you guide your clients through this critical process.

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Print Book:1 volume, hardbound
2nd Edition, with 2022 Supplement
ISBN: 9781422453292
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2nd Edition
ISBN: 9780327173595
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2nd Edition
ISBN: 9780327173595
In Stock
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Product description

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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 The Florida Bar Legal 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