Lender Liability Foreclosure Defense
 
   
   

 

Common Florida Foreclosure Defenses

Lender Liability Defenses

 

Duty of Good Faith - The long standing principle that parties to contracts implicitly agree to act in good faith has now been codified in the UCC.

Fraudulent Inducement - Fraudulent inducement is fraud connected with the actual transaction and not the nature of the contract or document signed.

Excessive Control - A Florida foreclosure action may not be commenced after 5 years of the maturity of the obligation secured by the loan document.

Truth in Lending Act (TILA) - The defense of excessive control typically arises in the commercial loan context, where the lender becomes overly involved in the operation and/or management of the borrower.

 

Other Common Florida Foreclosure Defenses
Contractual Defense >

Equitable Defenses >

Statutory Defense >











Law Offices of Cordero, Richardson & Associates
697 North Miami Avenue, Loft 1
Miami, FL 33136
305.603.1323
THE HIRING OF A LAWYER IS AN IMPORTANT DECISION THAT SHOULD NOT BE BASED SOLELY UPON ADVERTISMENTS, BEFORE YOU DECIDE.
ASK US TO SEND YOU FREE WRITTEN INFORMATION ABOUT OUR QUALIFICATIONS AND REFERENCE.