Mackoul v. Mackoul, Case No. 1D16-3631 (Fla. 1st DCA 2017).
A court lien can be placed on real estate to secure future payments.Tubby’s Customs, Inc. v. Euler, Case No. 2D16-3878 (Fla. 2d DCA 2017).
A party who has been aggrieved by a total breach of contract may elect benefit of the bargain damages where “the proper measure of damages [is] either the reasonable cost of completion, or the difference between the value the [repair] would have had if completed and the value of the [repair] that has been thus far performed.”The Bank of New York Mellon Corporation as Trustee v. Anton, Case No. 3D15-2213 (Fla. 3d DCA 2017).
A mortgage foreclosure complaint which alleges the same default date as a previously unsuccessful foreclosure but adds the word “and all subsequent payments” is not barred by the statute of limitations.Weiss Ortiz v. Weiss, Case No. 3D17-420 (Fla. 3d DCA 2017).
A trial court has discretion to require the posting of a bond when a lis pendens is not founded on a duly recorded instrument, and has further discretion to discharge the lis pendens if the bond is not posted by the due date.Wells Fargo Bank, N.A. v. Richards, Case Nos. 4D16-1364 and 4D16-2033 (Fla. 4th DCA 2017).
An unsigned (i.e., oral) mediation agreement is an attempt to modify a credit agreement in violation of both the Statute of Frauds, Florida Statute section 725.01, and the Banker’s Statute of Frauds, Florida Statute section 687.0304, and is not enforceable.3709 N. Flagler Drive Prodigy Land Trust, Mango Homes LLC v. Bank Of America, N.A., Case No. 4D16-3255 (Fla. 4th DCA 2017).
A purchaser subsequent to a mortgage may not challenge the validity of the mortgage but may challenge the standing of the mortgagee to foreclose.Rabil v. Seaside Builders, LLC, Case No. 4D17-166 (Fla. 4th DCA 2017).
The failure of Florida’s Contest of Lien statue, Florida Statute section 713.22(2), to require the giving of notice to a contractor’s counsel or notification that a separate suit is required does not make the statute unconstitutional.U.S. Bank, N.A., v. Diamond, Case No. 5D16-3609 (Fla. 5th DCA 2017).
Judgment cannot be entered for missed monthly payments outside the statute of limitations.
