Chapter 5-1 Overview

• Jurisdiction: Florida

5-1 Overview

There are no considerations or issues more fundamental to foreclosure litigation than those that concern the transfer of title. Indeed, a "security instrument" is no such thing without the means to effect a transfer of title to real property. This transfer is the very purpose for which the security instrument exists. Accordingly, any attorney seeking to enforce any mortgage or lien must base her entire litigation strategy with the goal of effecting clear and marketable title to the res.

While the complexity of foreclosure litigation has advanced in explosive measure over the last decade, these foundations remain much as they were more than 100 years ago. Because of this advanced complexity, however, many practitioners have adopted a high-volume and low-diligence approach to foreclosure litigation, particularly in...