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ForeclosurePS

  1. Authority comes in several versions: primary and secondary, mandatory and persuasive. 1:26 PM May 23rd via web
  2. Evidence that notice of default was sent is prerequisite to summary judgment. 3:52 AM Apr 11th via web
  3. A crucial element in any mrtg foreclosure proceeding is that the party seeking 4closure must demonstrate that it has standing to foreclosure 3:37 AM Apr 10th via web
  4. Furthermore, it is reversible error for a trial court to deny a party an evidentiary hearing to which he is entitled. 6:53 AM Mar 30th via web
  5. Attorney's fees may be awarded by a court only when authorized by statute or by agreement of the parties. 8:26 AM Mar 13th via web
  6. Plaintiff lack of standing at inception of the case is not a defect that may be cured by the acquisition of standing after the case is filed 3:49 AM Feb 14th via web
  7. A default terminates the defending party's right to further defend 3:36 AM Feb 14th via web
  8. The standard of review on appeal of the trial court's ruling on a motion for directed verdict is de novo. 7:00 AM Feb 8th via web
  9. A pleading filed in violation of rule Fla. R. Civ. P 1.190(a) is a nullity. 7:42 AM Jan 30th via web
  10. The filing of the notice of lis pendens is absolutely privileged in a slander-defamation of title cause of action. 8:03 AM Jan 10th via web
  11. Absent fraud or misrepresentation, challenges to affdvt in support of motion for smmry jdgmnt must be raised in pleadings or at hearing. 2:34 PM Jan 6th via web
  12. Where a litigant seeks to inject the issue of fraud into a lawsuit, Florida law requires that it be pled with precision 2:30 PM Jan 6th via web
  13. Affirmative defenses not raised by answer are deemed to be waived. 8:19 AM Dec 30th, 2011 via web
  14. Affirmative defenses must be answered or they are admitted. 8:07 AM Dec 30th, 2011 via web
  15. Due process protections prevent a trial court from deciding matters not noticed for hearing and not the subject of appropriate pleadings 8:01 AM Dec 29th, 2011 via web
  16. Affidavit in support of summary judgment may not be based upon factual conclusions or conclusions of law. 7:56 AM Dec 29th, 2011 via web
  17. If it is not in possession of the original note, and cannot reestablish it, the party simply may not prevail in an action on the note. 9:39 AM Dec 1st, 2011 via web
  18. Fla. R. Civ. P. 1.420(e) articulates the correct process to be utilized when a case has been dormant for too long. 3:51 PM Nov 17th, 2011 via web
  19. A defaulted party must be notified of final default judgment hearing. 4:42 AM Nov 16th, 2011 via web
  20. New Jersey foreclosure self-help guide: lsnjlaw.org/english/placei… 7:36 AM Nov 15th, 2011 via web