By: Daniel T. Pascale, Esq. Within the State of Florida especially, it is common to encounter real properties encumbered to more than one party– be it by inheritance, speculative investment, marriage, or some other such instance of shared ownership or tenancy in real estate. When these relationships are legally severed,…
By: Daniel T. Pascale, Esq. Office Locations: Delray Beach and Coral Gables, FL On April 20, 2016, the District Court of Appeal for the Fourth District of Florida held that a copy of an electronic promissory note (e-note) was sufficient to prove the identity of the e-note’s owner and to…
By: Daniel T. Pascale, Esq. Office Locations in Delray Beach, FL and Coral Gables, FL Florida bills effective July 1 revise some rules in Fla.’s building code, regulate private-residence elevators and authorize officials to create fumigation rules. SB 1602 creates rules for new elevators in private residences, saying they must:…
By: Daniel T. Pascale, Esq. Offices Located in Delray Beach, FL and Coral Gables, FL 10 SE 1st Avenue, Suite A, Second Floor, Delray Beach, FL 33444 255 Aragon Avenue, Second Floor, Coral Gables, FL 33134 Liquidated Damages Clause Enforced in Real Estate Contract San Francisco Distribution Center, LLC v.…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables 10 SE 1st Avenue, Suite A, Second Floor, Delray Beach, FL 33444 255 Aragon Avenue, Second Floor, Coral Gables, FL 33134 Hayes v. Norman Harris Services, Inc., 41 Fla. L. Weekly D293 Trial Court Must Hear Homestead…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Lenders Standing at Foreclosure Creadon v. U.S. Bank N.A. 166 So.3d 952 (Fla. 2nd DCA 2015) The circuit court entered final judgment in favor of U.S. Bank N.A., foreclosing a mortgage encumbering property. The owners assert…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Foreclosure Sale Notice Skelton v. Lyons, 157 So. 3d 471(Fla. 2d DCA 2015) Background: Debtor filed objection to foreclosure sale of property. The Circuit Court sustained the objection and set aside the foreclosure sale. Third-party purchaser…
By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL CORRECTING A FORECLOSURE JUDGMENT The Court considered whether Florida’s Rule of Civil Procedure allowing for corrections of “clerical mistakes,” encompasses authorization to supplement a final deficiency judgment by clarifying the party defendants’ status in the litigation…
By: Alejandro E. Jordan, Esq. The Jumpstart Our Business Startups Act, known as the Jobs Act, has changed the way to raise money from groups of investors to purchase commercial and investment real estate properties. Many forget that raising money from multiple investors is often viewed as selling “securities” and…
By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL What is FIRPTA? The Foreign Investment in U.S. Real Property Tax Act of 1980 (“FIRPTA”) was enacted to ensure that foreign investors are taxed on the gains from the disposition of their U.S. real property investments. …