Boca Raton, Fla. – September 7, 2023 – In a recent appeal, Greenspoon Marder Litigation partner Dariel J. Abrahamy successfully obtained the first written appellate opinion in Florida on an enhanced life estate deed, also known as a Lady Bird deed. The case involved a son who claimed he did not consent to his mother mortgaging a condo that the son had conveyed to his mother pursuant to an enhanced life estate deed. After the mother defaulted on the loan, the bank commenced foreclosure proceedings. The trial court determined the deed was ambiguous and reformed the deed after a contested trial. The Third District Court of Appeal affirmed the trial court’s reformation of the enhanced life estate deed, clarifying the son’s mother’s right to mortgage the property.
To read the full opinion, please click here.
Mr. Abrahamy handles litigation, trials, and appeals in State and Federal court and has substantial experience in commercial and real estate litigation, including commercial and residential landlord-tenant disputes, commercial foreclosures, business disputes, easements, quiet title actions, security and escrow deposit claims, contract disputes, collection matters, and deficiency judgments. Additionally, Mr. Abrahamy handles appeals, including oral arguments, in all of Florida’s appellate districts.