Florida’s Homestead Protections & Divorce

The Florida Constitution provides its citizens one of the strongest homestead property protections in the entire United States.  Relevant to dissolution of marriage, it means that a married person may not transfer their homestead property without the consent of the spouse.  Article X § 4 (c) of the Constitution provides that “the  owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse.”

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Uniform Child Custody Joint Enforcement Act – Forum Non Conveniens

Florida’s Uniform Child Custody Joint Enforcement Act, codified in Chapter 61 of the Florida statutes, provides that a child’s home state may decline jurisdiction if the ‘foreign’ (out-of-state) court is a more convenient place to decide the issues in the case.  The statute provides the following factors for making this determination.

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Sanctions in a mortgage foreclosure case because of improper sale – part 2

Previously we were discussing the case of Taylor, Bean and Whitaker Mortgage Corp. v. Matthew Eddington, Case No. 09-000010CI, Pinellas County, Florida, where the lender foreclosed and sold Mr. Eddington’s home after he had entered into a stipulated forbearance agreement and started making the regular monthly payments

Florida follows the common law in that each party is responsible for their own attorney fees and costs.  However, there is an exception to that long standing principal and a party may recover attorney fees and costs if they are allowed by contract or statute.

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Principal Balance Reduction

Over the years I have found that nothing goes as usual.  Years ago lenders were very reluctant to give loan modifications.  Typically a lender wanted the borrower to reinstate the loan (pay all missed payments to bring the loan current) to avoid foreclosure.  Under certain circumstances with the real hardship a lender would offer a forbearance or repayment plan where the borrower would have to make double payments to bring the loan current.

With the current mortgage meltdown, lenders have been giving record number of loan modifications.  While it may not seem so for some people who just can’t seem to get a loan modification, compared to the past, record number of loan modifications are in fact being entered.

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