Is anyone able to handle a status conference tomorrow on a foreclosure case in Port St. Lucie County at the West Courthouse Annex at 10:30. Sorry about the short notice. [Logo] Tracye K. Solove, Attorney at Law Certified Civil Circuit Mediator Tracye@solovelawfirm.com Kendallwood Office Park One 12002 Southwest 128th Court Suite 201 Miami, Florida 33186 Phone: (305) 612-0800 Facsimile: (305) 612-0801 http://www.solovelawfirm.com<http://www.solovelawfirm.com/> Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures This transmission is intended to be delivered only to the named addressee(s) and may contain information which is confidential, proprietary, attorney work-product or attorney-client privileged. If this notification is received by anyone other than the intended recipient(s), the recipient(s) should immediately notify the undersigned by E-MAIL and by telephone and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the intended recipient(s) except with the express written consent of the sender. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Alex Barthet Sent: Thursday, May 02, 2013 4:18 PM To: clc-discussion@lists.flabarrpptl.org Cc: Marleen Masi Subject: [CLC-Discussion] Time is of the Essence Clause All: I was hoping to tap the collective knowledge of the group. I am looking for some direction on exceptions to a time is of the essence clause. I have a settlement agreement that contains a time is of the essence clause. There is no default, notice or grace period of any kind (they would not agree to it). My client made 20 payments on the agreement. The 21st payment was 1 day late due to a bank error (payments were via wire and the bank's wire processing facility was down that day). The creditor accepted the payment and then 3 weeks later sought a judgment for the full claim amount (about $150,000 more than the reduced settlement amount). We only had 2 more payments left on the agreement. The law on this is not good. I have looked into the waiver issues as well as claims against the bank. That said, my focus now is if there are any exceptions you have seen to a time is of the essence clause because of issues out of a party's control (strikes, technology, natural disasters, ...). Let me know and thanks in advance. Regards, Alex Barthet Board Certified in Construction Law vCard<http://barthet.com/Wordpress-Site/wp-content/uploads/2013/01/alexander-e-barthet.vcf> | Biography<http://barthet.com/team/alexander-barthet/alexander-barthet-full-bio/> | Blog<http://thelienzone.com/> The Barthet Firm 200 S. Biscayne Blvd., Suite 1800 Miami, Florida 33131 305-347-5295 (direct phone) 305-377-8695 (fax) alex@barthet.com<mailto:alex@barthet.com> www.barthet.com<http://www.barthet.com/> This electronic communication may contain privileged, confidential, or proprietary information. If you are not the intended recipient or an authorized agent of the intended recipient, please delete this communication and notify the sender. Thank you.