Darrisaw v. Pennsylvania Higher Education Assistance Agency, Case No. 17-12113 (11th Cir. 2020).
A guaranty agency for federal student loans is collecting loan “incidental to a bona fide fiduciary obligation” under 15 U.S.C. § 1692a(6)(F)(i) and thus is not a debt collector under the Fair Debt Collection Practices Act.Griffin Lasalle Bank, N.A., Case No. SC18-1132 (Fla. 2020).
A circuit court has continuingjurisdiction to consider a third-party purchaser’s motion to recover thevalue of repairs and improvements made to the property he purchased at aforeclosure sale that was later vacated.2-Bal Bay Properties, LLC v. Asset Management Holdings, LLC,Case No. 2D18-2873 (Fla. 2d DCA 2020).
A court may only award as damages for improvement in an unjust enrichment case the increase in value of the property, not the cost of the improvements. Additionally, transferred property that is encumbered by a valid lien does not meet the definition of an “asset” under Florida Statute section 726.102(2).BMG Realty Group, LLC v. U.S. Bank National Association, Case No. 2D18-5124 (Fla. 2d DCA 2020).
The statute of limitations to enforce a mortgage does not begin to run upon the borrower’s surrender of the property in bankruptcy court.S.K. Condominium II Association,INC. NS/CSE KEY, LLC, Case No. 2D18-4483 (Fla. 2d DCA 2020).
A declaratory action does not “enforce” the condominium declaration such that a party is entitled to an award of attorney’s fees under the declaration that provides fees for enforcing the declaration.City of Miami Gardens v. US Bank National Association,Case No. 3D19-1263 (Fla. 3d DCA 2020).
Electronic copies, so long as they are certified, meet the requirements of Florida Statute section 162.09(3) to establish a code enforcement lien.
