Monthly Archives: October 2026
Your Commercial Property Is Foreclosed—What Happens to the Rent?
If you own a commercial property that generates rental income, facing foreclosure can not only raise the question of who gets the property. You may also wonder who gets the rent while the foreclosure is pending. In Florida, an assignment of leases and rents can give you, the mortgagee, a separate right to collect… Read More »
Do You Have To Probate Out-Of-State Property Owned by a Florida Resident?
If a Florida resident dies with a vacation home, rental property, or other property elsewhere, loved ones are often left wondering whether they have to probate such property and, if so, where the probate process happens. Generally, Florida courts do not have the authority to probate property located out of state. A second proceeding,… Read More »
Think You Can Appeal That Property Ruling? Florida Law Says Not So Fast
When a Florida property dispute goes against you, the immediate instinct is to appeal the decision immediately. That’s understandable. But Florida appellate law doesn’t allow every trial court ruling to be challenged right away. A recent Florida District Court of Appeal decision involving resort property, restrictive covenants, and easement rights highlights an important point:… Read More »
The Bank Lost the Original Mortgage Note. Can It Still Foreclose?
When a lender says the original mortgage note cannot be found, you may wonder whether foreclosure is still possible. Foreclosure generally requires the lender to establish its legal right to enforce the note and mortgage. So, what happens when the bank cannot produce the note? This article explores the legal implications of a lost… Read More »
Can a Probate Judge Reverse a Previous Judge’s Final Order?
A probate case can outlast the judge who first handled it. Judges retire, transfer, take leave or even leave the bench, and a successor judge may take over the case. In that case, does it mean the new judge gets a clean slate? Generally, no. When a prior judge has entered a final, appealable… Read More »
Can You Contest a Will if You Were Not Directly Named in It? Understanding Standing in Florida Probate
Contesting a will can be complex, especially if you find yourself in a situation where you are not directly named in the document. A recent Florida appellate decision illustrates how complicated this question can be when an earlier estate plan, a separate agreement, and potential financial consequences all overlap. In this case, the court… Read More »
Two People Sign the Mortgage. One Pays. Who Owes Whom?
When two individuals sign a mortgage, they enter into a joint obligation. It’s easy to assume that each carries half the debt. But what happens when one person ends up paying far more than the other? Can the person who paid demand reimbursement? In a Florida appellate decision, the court considered when one co-obligator… Read More »
