By: Daniel T. Pascale, Esq. Office Locations: Delray Beach and Coral Gables, FL On April 20, 2016, the District Court of Appeal for the Fourth District of Florida held that a copy of an electronic promissory note (e-note) was sufficient to prove the identity of the e-note’s owner and to…
By: Daniel T. Pascale, Esq. Offices Located in Delray Beach, FL and Coral Gables, FL 10 SE 1st Avenue, Suite A, Second Floor, Delray Beach, FL 33444 255 Aragon Avenue, Second Floor, Coral Gables, FL 33134 Liquidated Damages Clause Enforced in Real Estate Contract San Francisco Distribution Center, LLC v.…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Lenders Standing at Foreclosure Creadon v. U.S. Bank N.A. 166 So.3d 952 (Fla. 2nd DCA 2015) The circuit court entered final judgment in favor of U.S. Bank N.A., foreclosing a mortgage encumbering property. The owners assert…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Foreclosure Sale Notice Skelton v. Lyons, 157 So. 3d 471(Fla. 2d DCA 2015) Background: Debtor filed objection to foreclosure sale of property. The Circuit Court sustained the objection and set aside the foreclosure sale. Third-party purchaser…
By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL CORRECTING A FORECLOSURE JUDGMENT The Court considered whether Florida’s Rule of Civil Procedure allowing for corrections of “clerical mistakes,” encompasses authorization to supplement a final deficiency judgment by clarifying the party defendants’ status in the litigation…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL In determining the reasonableness in time of a postterm restrictive covenant (a.k.a. a non compete agreement) not predicated upon the protection of trade secrets, a court must apply the following rebuttable presumptions: In the case of…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL It’s important to know that when you purchase a tax deed in Florida, that the title to the property is not immediately insurable and is not considered legally marketable. In fact, if a tax deed has…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Courts have traditionally viewed noncompete agreements with disfavor, believing that the agreements contravene public policy. The agreements were seen as unfair restraints on trade and in response, the common law prohibited the use of such agreements.…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Joint property ownership is a partnership at its core. Partnerships are great tools to save money, promote economies of scale, and better utilize resources. However, in situations where more than one party owns property, decision-making may…
By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Pursuant to Florida’s Commercial Real Estate Sales Commission Lien Act, a commercial broker has a lien upon the owner’s net proceeds from the sale of commercial real estate for any commission earned by the broker under a…