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Florida Mortgage Foreclosures

Understand the judicial foreclosure process in Florida and avoid costly mistakes.

In Florida, all real estate mortgages must be foreclosed judicially. This creates a myriad of issues not present in the approximately 35 states that permit some form of non-judicial foreclosure, including the possibility of affirmative defenses, counterclaims, motion practice, expensive and time-consuming discovery, and trials - occasionally by jury - on some issues. This material, presented by attorneys with broad experience in prosecuting commercial mortgage foreclosures throughout Florida, helps lenders and their counsel understand how the judicial foreclosure process works in Florida, how to spot potential title problems, how to determine the proper parties to the foreclosure, how to avoid the common pitfalls, how to prosecute the suit faster, how and when to seek appointment of a receiver, how to advertise and conduct the best possible foreclosure sale, how to obtain the cleanest title possible after the sale, and what to do if a mistake in the foreclosure process is discovered later.

Runtime: 61 minutes
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Best Practices in Reviewing Mortgage Loan Documents Preparatory to Foreclosure

Identifying Potential Title Issues Early

  • Ordering the Right Title Report
  • The Importance of Surveys

Determining the Proper Parties to a Foreclosure Action

  • Junior Lienholders
  • Guarantors
  • Tenants

Prosecuting the Foreclosure Action

  • Use of Florida's Show Cause Foreclosure Statute
  • Use of Receiverships
  • Florida's Rent Assignment Statute

Foreclosure Sales

  • Use of 45.031, Florida Statutes
  • Alternatives to 45.031
  • Sales by Receiver

Taking Possession of the Property After the Foreclosure Sale

Re-Foreclosures in Florida

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Sara Brubaker

Sara Brubaker

Akerman LLP

  • Attorney in the Orlando office of Akerman LLP, a 650+ attorney, Am Law 100 firm with offices throughout Florida and across the U.S.
  • Practice focuses on complex commercial litigation with an emphasis on creditors’ rights matters for financial institutions and real estate litigation
  • Presenter, Boot Camp: Foreclosure and Loan Workout Procedures, August 2014
  • J.D. degree, University of Virginia School of Law; B.S. and B.A. degrees, cum laude, University of Florida
  • Hyperlink to bio: http://www.akerman.com/bios/bio.asp?id=1735
Joseph E. ("Ed") Foster

Joseph E. ("Ed") Foster

Akerman LLP

  • Partner in the Orlando office of Akerman LLP, a 650+ attorney, Am Law 100 firm with offices throughout Florida and across the U.S.
  • Practice emphasizes all aspects of commercial mortgage foreclosure, including CMBS foreclosures
  • Chair of Akerman LLP's Financial Institutions Commercial Litigation Practice
  • Speaks regularly on Florida foreclosure, judgment collection and receivership
  • Listed in Chambers, Best Lawyers in America, Super Lawyers
  • Author of "The Short of It", a periodic e-mail blast sent by request only to more than 100 client contacts throughout the financial institutions industry, "The Short of It" addresses and analyzes cases and statutory developments of particular interest to in-house counsel, special servicers, and special assets personnel in the financial institutions sector
  • J.D. degree with honors, University of Florida Levin College of Law
  • Hyper-link to bio: http://www.akerman.com/bios/bio.asp?id=394
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Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 397387
Published 2016
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