News

By Adam B. Brandon As detailed in a previous post, the Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, Marine Corps, and Coast Guard whose financial obligations and ability to participate in civil proceedings are materially affected by active-duty military service. The SCRA affects the rights of lenders on a range of issues... read more

By Adam B. Brandon On July 22, 2015, the Department of Defense (DOD) issued its final rule implementing the Military Lending Act (MLA).  Enacted in 2006, the MLA seeks to protect active-duty military members and their dependents from predatory lending in high-cost consumer credit transactions.  The DOD exercises rule-making authority to delineate which types of transactions are... read more

By Adam B. Brandon On July 24, 2015, a federal court cleared the way for a small Texas bank to challenge the constitutionally of the Consumer Financial Protection Bureau (“CFPB”).  In State National Bank of Big Spring, et al. v. Lew, et al., the U.S. Court of Appeals for the District of Columbia held that the bank falls under the regulatory authority of the CFPB and may... read more

By Adam B. Brandon The U.S. Constitution requires that each state give “full faith and credit” to judgments of other states. Consistent with this mandate, the Florida Enforcement of Foreign Judgments Act provides a process for litigants to enforce out-of-state judgments in Florida. However, as Florida’s Fourth District Court of Appeal recently noted in Spano v. Wells Fargo... read more

By Adam B. Brandon Under Rule 1.370, Florida Rules of Civil Procedure, a party may serve a written request that another party admit certain facts to be true. If the party served with the request fails to respond within 30 days, then the matters in the request are deemed to be admitted and need not be established by separate evidence at trial. In Wells Fargo Bank, N.A. v. Donaldson,... read more