The decisions
- Reid v. Amerifund Equity Group (4th DCA, August 19, 2026) — Fourth DCA holds heirs' valid Chapter 739 probate disclaimers defeat derivative foreclosure-surplus claims, and section 45.033(3) conditions do not govern inheritance-based transfers under section 45.033(2)(b). Read it →
- Reid v. Amerifund Equity Group (4th DCA, August 19, 2026) — After a foreclosure of a deceased intestate owner's condominium generated a $69,807.98 surplus, the trial court divided the surplus equally among the decedent's five siblings, holding that three… Read it →
- Warner v. Hillsborough County Clerk of Courts (11th Cir., August 17, 2026) — Eleventh Circuit upholds § 116.21 facially, but clerks forfeiting registry deposits must give individualized notice reasonably calculated to reach owners; forfeiture after deficient notice was an uncompensated taking. Read it →
- Persechino v. Station Square Condominium Association, Inc. (2nd DCA, August 14, 2026) — Second DCA holds associations may regulate, but not prohibit, owner EV charger installations beyond section 718.113(8)(h)'s listed requirements, and installations may be material alterations under section 718.113(2)(a). Read it →
- Ferrari Financial Services, Inc. v. Auto Vault, Inc. (1st DCA, August 26, 2026) — First DCA holds whether a buyer had inquiry notice of a lender's lien is generally a fact question, and buyer sophistication matters, defeating summary judgment on bona fide purchaser status. Read it →
- Key Haven Associated Enterprises, Inc. v. Florida Department of Environmental Protection (1st DCA, August 26, 2026) — First DCA holds a regulatory takings claim accrues at the government's original final prohibition, so a new permit application decades later does not restart the four-year limitations period. Read it →
Plus 4 more real property decisions in August 2026 — all in the tracker.
The practical upshot
- Before buying, asserting, or contesting a foreclosure-surplus claim through a deceased owner's heirs, check the probate file for Chapter 739 disclaimers, which can eliminate derivative claims.
- When clients deposit funds into a court registry, keep e-filing contact data current and calendar retrieval; challenge § 116.21 forfeitures made without notice reasonably calculated to reach them.
- Measure inverse condemnation limitations from the original total prohibition, not later permit denials; condominium counsel should note associations may impose EV charger requirements and material-alteration approval.
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