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 …
Read more
After-Acquired Title Doctrine Saves Bank’s Mortgage Lien
We are all aware of the basic premise that one must own real property in order to mortgage it. However, …
Read more
Banking Statute Can’t Be Used As A Shield Against Wrongdoing
By Edward L. Kelly Rogers Towers, P.A. and the Florida Banking Law Blog have previously emphasized how provisions of Chapter …
Read more
Third DCA Agrees That Paragraph 22 Notice Provisions Require Only Substantial Compliance
By Janet C. Owens In many residential mortgage foreclosures, paragraph 22 of the mortgage provides certain notice provisions with which …
Read more
SEC Approves New Crowdfunding Rules
By Adam B. Brandon On October 30, 2015, the Securities and Exchange Commission (“SEC”) adopted final crowdfunding rules to implement …
Read more
Debt collectors violate the FDCPA by filing a time-barred proof of claim in a bankruptcy case—or do they?
By Timothy D. Hedrick and Mark S. Mitchell The Fair Debt Collection Practices Act (the “FDCPA”), codified at 15 U.S.C. …
Read more
Landlord Lien Waivers and Tenant Subordinations Explained
Commercial loan structures frequently call for either landlord lien waivers or tenant subordination agreements. In a situation where the collateral …
Read more
Responsibility of Trustee and Creditors to Ensure Debtor’s Compliance with Bankruptcy Code
Trustees, creditors and other interested parties are responsible for reviewing a chapter 13 Debtor’s plan and schedules to determine whether …
Read more
Your commercial real estate loan documents say you’re entitled to a receiver. What does that mean?
A receiver is a person or entity that has been charged with custodial responsibility for the property of others. One …
Read more
Fourth DCA Continues to Hammer Lenders on Standing
By Edward L. Kelly The Florida Banking Law Blog has stressed that Florida courts are quick to render judgments in …
Read more