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Aspects of Florida "Fair Foreclosure" Statute Ruled to Unconstitutionally Impair Rights, Obligations

Thursday, August 8, 2019   (0 Comments)
Posted by: Chip Deale
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In the newest ACMA Community Blog post, ACMA Fellow Anthony J. (Tony) Carriuolo writes that a Florida circuit court has declared that aspects of that state's "Fair Foreclosure" statute unconstitutionally impair the contractual rights and obligations embodied in the parties' loan documents.

Carriuolo notes that while the ruling specifically concerns a residential foreclosure, the statutory provision at issue may be applied to commercial settings and, therefore, is of relevance to those involved with real estate-back financing arrangements.

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