Dieppa Law Blog

Florida Landlord/Tenant Act amended by 2013 legislative session

Eduardo E. Dieppa III — Sun, 05 May 2013 19:06:40 +0000

Pending to be signed by Governor Rick Scott is SB 490/HB 77 which amends the Florida Landlord / Tenant Act. One significant change is that landlords may accept partial rents payments without waiving their right to complete the eviction against the tenant. If the change becomes law, the partial rent payments will no longer be defense against eviction.

http://www.flsenate.gov/Session/Bill/2013/0490/BillText/e1/HTML

PIP reform on hold as possibly being unconstitutional

Eduardo E. Dieppa III — Sun, 07 Apr 2013 15:02:24 +0000

In March 2013, Leon County Circuit Court Judge Terry Lewis suspended enforcement of the new personal injury protectin (PIP) reform law that went into place on January 1, 2013, which made major changes to the PIP statute. The reform act limited who would be eligible for payments (eliminating accupuncture and message therapists), limiting the $10,000 benefits to only $2,500 if the person was not experiencing an emergency medical condition, and eliminating all benefits if the person was not treated within fourteen (14) days of an accident. Judge Lewis ruled that the reform act did not compensate Floridians sufficiently as a result of the benefits eliminated by the 2012 reform act. In response to the ruling, State Senator Joe Negron has proposed to entirely eliminate PIP for the state of Florida.

FHFA announces streamlined loan mod program

Eduardo E. Dieppa III — Sun, 07 Apr 2013 14:55:23 +0000

On March 27, 2013, the Federal Housing Finance Agency (FHFA) announced a streamlined loan modification program for borrowers more than 90 days past due. Beginning July 1, servicers of Fannie Mae (FNMA) and Freddic Mac loans will be required to accept simplified requests for loan modifications from borrowers. The applicants will not be required to submit financial or hardship documentation. The loans may not be more than twenty percent (20%) underwater. The program will last two years. Approved borrowers must may three on time trial payments to receive a permanent modification.

More information can be found at www.fhfa.gov, including the news release announcing the program by FHFA.

MRTA an up-and-coming issue for homeowners

Eduardo E. Dieppa III — Thu, 28 Mar 2013 16:47:05 +0000

Homeowners that live in a subdivision with a homeowner’s association are very likely unaware of the impact of Florida’s Marketable Title Recording Act. This Act ensures that most restrictive covenants expire within thirty years of the last recorded document that did not contain the reference to the restrictive covenants. HOA’s have a statutory ability to take actions to preserve the covenants. If they fail to act timely, the covenants expire and the HOA must conduct an election to revitalize the covenants. Expiration of the covenants may limit the ability of the HOA to take action against homeowners. If you have questions about MRTA, please contact our office.

Eduardo Dieppa III joins the McCann Law Group attorney network

Eduardo E. Dieppa III — Thu, 07 Mar 2013 02:10:35 +0000

Dieppa Law Firm, P.A. has joined the consumer lawyer network, McCann Law Group d/b/a Consumer Attorney Services. CAS is based in Jacksonville and operates a national lawyer network. Dieppa Law Firm, P.A. will be working with CAS to defend homeowners in foreclosure throughout the state of Florida.

http://www.prweb.com/releases/2013/3/prweb10501597.htm

3rd DCA rules Association claim for full fees after it took title

Eduardo E. Dieppa III — Fri, 08 Feb 2013 14:27:06 +0000

In, Aventura Management, LLC, v. Spiaggia Ocean Condominium Association, Inc., No. 3D11-2545, Florida’s Third District Court of Appeals (based in Miami) found that a condo association could not pursue a buyer at bank foreclosure auction for all past dues fees where the association was an intervening owner. This ruling will be extremely helpful to buyers of bank auctions who faced significant costs in paying off condo fees that had not been paid for years. Where the association completes its foreclosure first before the bank completes its own, the fees of the prior owner then become liability of the association, not the next buyer.

FL Supreme Court enters ruling in Pino matter

Eduardo E. Dieppa III — Fri, 08 Feb 2013 14:22:10 +0000

Yesterday, the Florida Supreme Court entered its ruling in Pino v Bank of New York Mellon regarding the rights of a borrower in relation to potential fraud committed by a lender in prosecuting the foreclosure. The Court found that there were mechanisms for enforcing sanctions against a lender under current laws, such as Fla. Stat. 57.105, which provides a party 21 days to withdraw a fraudulent document.

It held as follows:
We answer the certified question in the negative and hold that when a defendant alleges fraud on the court as a basis for seeking to set aside a plaintiff’s voluntary dismissal, the trial court has jurisdiction to reinstate the dismissed action only when the fraud, if proven, resulted in the plaintiff securing affirmative relief to the detriment of the defendant and, upon obtaining that relief, voluntarily dismissing the case to prevent the trial court from undoing the improperly obtained relief. Any affirmative relief the plaintiff obtained against the defendant as a result of the fraudulent conduct would clearly have an adverse impact on the defendant, thereby entitling the defendant to seek relief to set aside the voluntary dismissal pursuant to Florida Rule of Civil Procedure 1.540(b)(3).

New tax law extends most tax breaks for families

Eduardo E. Dieppa III — Mon, 14 Jan 2013 13:58:31 +0000

On Jan. 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (2012 Taxpayer Relief Act) and the bill was signed by President Obama the next day. The 2012 Taxpayer Relief Act extends many tax breaks. It permanently indexes the Alternative Minimum Tax for inflation, protecting 30 million americans from being hit by the tax.
Many tax breaks (deductions and credits) that were scheduled to expire have been extended. Tax rates will rise for the highest income tax payers.

BOA and FNMA enter into $10B settlement

Eduardo E. Dieppa III — Mon, 07 Jan 2013 16:49:04 +0000

CNBC reported that that Bank of America and FNMA entered into a $10 billion settlement to resolve claims against BOA for sale of loans that it made to FNMA. The agreement is one of many that is slowly ending litigation for the major banks as a result of the sale of problematic loans leading to the foreclosure crisis.

http://www.cnbc.com/id/100358212/

Extension of Mortgage Debt Relief Act passed into law.

Eduardo E. Dieppa III — Fri, 04 Jan 2013 14:27:42 +0000

President Obama signed into law an extension of the federal Mortgage Debt Relief Act, in effect since 2007, for one additional year. Mortgage debt forgiven from a foreclosure or short sale or through a loan modification of a primary residence may be excluded from a taxpayer’s calculation of taxable income.