Recent Developments In The Law

Bartram v. U.S. Bank, NA

The Florida Fourth District Court of Appeals finds that the recent Florida Supreme Court case of Bartram v. U.S. Bank, NA, 211 So.3d 1009 (Fla. 2016) does not require that a second foreclosure action be based on a new default date occurring after the dismissal of the prior foreclosure suit. Specifically, a note and mortgage remained enforceable by a foreclosure based on any default occurring within the statute of limitations. See Desai v. Bank of N.Y. Mellon Tr. Co. (Fla. App. 4th DCA 2018).The firm’s work covers a broad spectrum of issues for public and private companies, entrepreneurs, and investors. We help new businesses with corporate structure issues and work with others on negotiating and preparing contracts and agreements, including buy-sell agreements, proposals, asset purchase agreements, employment contracts, confidentiality agreements, and non-compete agreements.

Diaz v. U.S. Bank, N.A.

Third-party purchaser loses certificate of title on appeal. In Diaz v. U.S. Bank, N.A., (3rd DCA 2018) the Court found that the trial court erred in denying the objection and motion to vacate sale, where the foreclosure sale was conducted while a motion for rehearing, directed at the final judgment, remained pending. The third-party purchaser’s contention that the Defendant did not act with reasonable diligence in securing a hearing and ruling on the motion for rehearing ahead of the scheduled foreclosure sale was unpersuasive.

Hemingway Villa Condo. Owners Ass'n, Inc. v. Wells Fargo Bank

“Paid under protest, with a reservation of all rights.” The facts in Hemingway Villa Condo. Owners Ass'n, Inc. v. Wells Fargo Bank (3rd DCA 2018) show that the bank paid the entire disputed amount claimed due by the Association and then sued and won in a lawsuit claiming the bank was entitled to safe harbor under Florida Statutes and therefore owed less than it paid to the Association.

What our clients think of us

I have worked with Matt for more than 4 years now, on literally hundreds of files representing millions of dollars in real estate. He is accessible and always prompt and courteous. His practical, results oriented approach is unique in his field.

Aziz Charania Realtor

We have worked with The Law Office of Matt Habibi for almost 5 years for all of our company’s evictions and he is always a pleasure to work with. Matt Habibi is always professional, takes the time to discuss any cases we have with us as well as expediting our cases through the courts and making every effort to prevent unnecessary delay or expense. We have worked with other attorney’s and other evictions companies through the years, but working with Matt made evictions simple to the point and he gets them done.

Elizabeth Schawe Property Manager Home Solutions Property Management

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