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Monthly Archives: January 2012

Navigating the Ins and Outs of Liquidating a Small Business Administration Loan

January 30, 2012 Banking & Financial Services Industry Legal Blog

The Small Business Administration (“SBA”) has been providing small businesses with loans since its creation in 1953.  Its mission statement is “…to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation.”  It […]

Top 5 Things You Should Know About Florida’s Construction Defect Statute

January 16, 2012 Construction Industry Legal Blog

Chapter 558 of the Florida Statues, otherwise known as “Florida’s Construction Defect Statute” requires an owner to send a written notice to contractors, subcontractors, developers, suppliers and design professionals which identifies any construction or design defects associated with a construction project. Florida’s Construction Defect Statute is a complex web of […]

Liening on Your Contract

January 12, 2012 Construction Industry Legal Blog

Construction liens under Chapter 713, Florida Statutes are complex and require careful attention. A construction lien will can be imposed on real property for nonpayment of labor and/or materials provided in the improvement of that real property. Florida Statute § 713.01 defines a “contract” as an agreement for real property […]

Revisiting a Familiar Law School Hypothetical: Spouses Cannot Transfer Marital Homestead Without Spousal Permission

January 10, 2012 Real Estate Development, Sales and Leasing Industry Legal Blog

Recently, we encountered a case reminiscent of a typical law school real property class hypothetical. Our experience with its prosecution inspired me to write a refresher on the law in this area for our readers. Our experience confirmed how we likely stood up in class and answered as a 1L- one spouse cannot transfer ownership of the marital homestead away from the other spouse without notice and permission from both spouses.

A Speedy Foreclosure in Florida – Proper Utilization of Statute 702.10

January 3, 2012 Banking & Financial Services Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

By Austin Calhoun, J.D. 2013

It takes on average 600 days for a party to litigate a foreclosure through trial in Florida. Successful summary judgment motion practice may squeeze that time down to as little as 180 days. Even better, under the proper conditions, a diligent plaintiff can shorten foreclosure time down to less than 60 days by properly utilizing Florida Statute 702.10. If you’re interested in bypassing the foreclosure log-jam to obtain a speedy foreclosure – read on.

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