Articles from Miami Bankruptcy Law Blog

The Northern District of Florida’s decision in Brenner, et al. v. Scott, etc., 999 F.Supp. 2d 1278 (2014) about the constitutionality of limiting marriage only to between a man and a woman has been much in the news.  The Court makes on page 1290 references that United States Supreme Court “summary dispositions” bind lower federal courts – unless “doctrinal developments in the Supreme Court undermine the decision.” Summary disposition is explained in Alex Hemmer's 2013 article, "Courts as Managers: American Tradition Partnership v.

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   It may give reason for many Miami homeowners with mortgage foreclosure issues to re-evaluate their position. It may be that some should put more efforts towards the direction of achieving a mortgage modification under the present opportunities offered by HAMP or other programs as a possible better resolution of their mortgage foreclosure situation.

May a second foreclosure action be brought after the first foreclosure action has been dismissed - "with" or "without" prejudice? How does the foreclosure statute of limitations come into play?