The good news for the residential real estate market in southwest Florida is that the number of distressed properties on the market is down. Foreclosures and short sales have continued to decrease from the housing market collapse which began in 2008, according to recently released data from the first quarter of 2016.
Under Florida Law, a borrower must plead the affirmative defense of laches in order to attempt to defeat a mortgagee's claim for foreclosure. Laches is as an equitable doctrine that is based upon an unreasonable delay on Plaintiff's part in asserting a known right that causes undue prejudice to the party against whom the claim is asserted.
Names and identifiable details have been changed to protect the confidentiality of our clients.