Publications

Urban Land Institute Report Answers: What Markets are Poised for Growth in 2016?

By Karl R. Gruss With the real estate markets in large cities such as San Francisco, Washington, D.C. and New York City saturated with domestic and foreign capital, driving market prices beyond the reach of many developers and lenders, investors naturally look for alternative markets that offer lower capital thresholds to entry but project strong […]

Read More

Fourth DCA Rules an Allonge Does Not Need to be Physically Attached to a Promissory Note

By Adam B. Brandon To establish standing to enforce a promissory note, a lender must prove that it is the rightful holder of the negotiable instrument. Typically, this entails producing the original note together with all allonges endorsing the note to subsequent holders. Under Florida’s Uniform Commercial Code (“UCC”), an allonge must be “affixed” to […]

Read More

Out of the Box Real Estate Financing

By Nick Whitney As someone interested in both real estate development and finance, I follow John Anderson’s musings atRJOHNTHEBAD. John is a developer and leader of the Incremental Development Alliance, and often teaches at Small Developer Boot Camps promoted by the Congress for New Urbanism. In a recent post, John discussed how his friend and […]

Read More

Courts continue to examine statute of limitations for installment loans:

By Janet C. Owens Florida courts continue to grapple with various issues related to the statute of limitations for installment loans and whether a previously dismissed foreclosure action bars suit on subsequent defaults. As we have previously discussed, in U.S. Bank National Association v. Bartram, Florida’s Fifth District Court of Appeal decided that the dismissal […]

Read More

Interest Rate Swaps and Commercial Loans: Exploring the Esoteric

By Douglas L. Waldorf, Jr. Periodically the world of synthetic hedge arrangements collides with that of commercial lending in a way that provides interesting results. I was recently surveying some case law involving this very topic and came across Blue Bonnet Hotel Ventures, L.L.C. v. Wells Fargo Bank, N.A., 754 F.3d. 272 (5th Cir. Ct. App. […]

Read More


Do you know where your debtor’s original promissory note is located?

By Timothy D. Hedrick and Mark S. Mitchell In August 2013, we discussed the requirements for enforcing a lost promissory note. The same year, the Florida legislature passed Section 702.015, Florida Statutes, requiring that the holder of a promissory note file an affidavit or certification regarding the location of the note at the time it […]

Read More