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Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. 49.08, Fla. 1)(c), Fla.

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The Top Five Things Lenders Need to Know About Florida’s Construction Lien Law

Jimerson Firm

Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Specifically, under Fla.

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Subcontractors: What to Do If You Are Not Getting Paid on a Construction Project

Jimerson Firm

If a subcontractor is not getting paid on a construction project, there are some important things to consider, including whether the general contractor has grounds to withhold payment, whether the subcontractor can stop the work, and how a subcontractor can best ensure payment from the general contractor. Payment Bond. Authors: James O.

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Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. What is Standing? Craven-Lazarus v. Pennymac Holdings, LLC, 199 So.

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How to Publish a Legal Notice of a Foreclosure Sale

Jimerson Firm

In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale). Since publishing a legal notice concerning a foreclosure action is inevitable, it is imperative for lenders to know how to do so properly. Conclusion.

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Jessica S. Mazariego Joins Jimerson Birr, Strengthening Firm’s Complex Commercial and Real Estate Litigation Practice

Jimerson Firm

Her litigation expertise spans a broad range of business and real estate matters, including construction claims, surety rights, bond claims, foreclosure disputes, and homeowners association conflicts. “We are excited to welcome Jessica to Jimerson Birr as we continue to expand our reach across Florida. .”

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Contesting Construction Lien Claims – Contractor’s Beware of the Notice of Contest of Lien During Litigation

Jimerson Firm

In Florida, persons and entities that perform work on a construction project may be entitled to record a construction lien. Chapter 713 of the Florida Statutes governs the recordation and perfection of construction liens and contains many traps for the unwary. to $1,837,516.76. by recording a notice of contest of lien).