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Showing results for tags 'Florida'.
The 5th DCA just decided the Bartram case, which has now pushed the statute of limitations on a mortgage in Florida out as far as 35 years. What the case (and its precedents in 2012 and 2004) essentially say is that acceleration does allow the bank to have a judgment for the entire balance on the note if it wins, however if the bank loses, neither the doctrine of res judicata nor the five year statute of limitations are applicable to the future payments, which create a new default soon after the judgment is rendered (unless the debtor pays and the bank accepts payments). The court did
I signed on a lease for my ex wife while we were going through our divorce (she could not get into a place without me signing on the lease). After a year or so I was notified by her landlord that she had not paid her rent for about four months! I was shocked and also surprised that the landlord did not notify either her or myself earlier? To make a long story short she moved out and the landlord ending up filing suit (against both of us) and got a judgment. I tried negotiating with the landlord throughout the process. I did not find out about the lawsuit until right before we were schedul
Not sure if this is in the right forum, but I'm trying to help a friend out as best as possible. Heres the situation any advice is (as always) greatly appreciated So my friend moved to Holiday, Florida only a month ago and signed a lease on a privately owned house for herself and her 3 children with the intent of permanently relocating there. She just now found out that her mother has fallen very ill and now she must come back to Colorado to take care of her. Her new landlord is not very happy (obviously) and is now threatening to sue her for the entire year of the contract (it states she