Real Property, Title Insurance, & Financial Services Update: Week Ending November 14, 2025

Our Real Property, Title Insurance, and Financial Services Update offers a weekly overview of notable court decisions impacting property rights, title issues, the banking industry, and related litigation. Each edition highlights key rulings and developments from courts across Florida and beyond, giving practitioners and industry professionals a clear view of what’s happening in real time.

Last week, in the real property arena, Florida appellate courts weighed in on FUFTA, prejudgment interest, and jurisdictional questions in unlawful detainer and ejectment actions:

1. Under FUFTA, “reasonably equivalent value” in exchange for the transfer of property doesn’t simply turn on whether money was received, as “value” is more broadly defined than that (Arbor Grove Development LLC v. ECS1 Inc.)
2. Property owner’s collateral attacks on orders imposing liens for code enforcement violations were not proper (City of Lauderdale Lakes v. Allen).
3. Without providing evidence of the LIBOR variable, a court could not properly calculate adjustable interest rates or a prejudgment interest award in the lender’s favor (Schlechter v. ARCPE Bahamas LLC).
4. In a suit for unlawful detainer, if a defendant asserts an equitable interest in the property, ejectment is the proper cause of action over which circuit courts have exclusive jurisdiction (Vernon v. Young).

Key Takeaways: If your contract requires recalculation of variable interest rates over time and that calculation depends on the presentation of evidence, interest isn’t liquidated. Keep in mind that you may need to introduce evidence of a variable (e.g., Fannie Mae LIBOR Index) — not just testimony from a lender’s representative about her or his own calculations of interest owed.