Florida Practitioners Guide: Mortgage Foreclosure & Alternatives

Florida Practitioner's Guide: Mortgage Foreclosure and Alternatives contains case law addressing the following issues:

•  documentation required to establish the right/standing to foreclose
•  foreclosure by mortgage servicing companies and assignees (and the use of robosigners)
•  status of MERS as foreclosing party
•  conditions precedent to filing foreclosure including diligent search and inquiry
•  treatment of homeowner and condominium association assessments
•  appointment of a receiver
•  timeshare foreclosures
•  defenses to foreclosure
•  cancelling or rescheduling sales, and grounds for setting aside final judgments or sales
•  right of redemption
•  deficiency judgments
•  short sales
•  effect of bankruptcy stay on foreclosure proceedings and standing to pursue relief from stay
•  termination of stay for repeat filers, and stay relief for cause including lack of adequate protection
•  Revisions to Florida statutes and updated case law addressing foreclosure and alternative options to collect on secured debt
•  Udated discussion of pertinent case law and provisions of the Bankruptcy Code and Rules that have an impact on foreclosure proceedings
•  Additional and revised forms for filing foreclosure actions and seeking relief in Bankruptcy Court

This manual includes a discussion of newly enacted and amended statutes and new case law addressing: foreclosure complaints, service of process, lien priority, conditions precedent, statute of limitations, adequate protection, show cause procedures for interim payments, summary judgment, deficiencies, and setting aside foreclosure judgments.

A comprehensive discussion of bankruptcy is included and addresses relief from stay procedures, cram down, trustee's deeds, and new Bankruptcy Rule 3002.1.

The manual contains over 40 forms.