Garnishing Non-Cash Proceeds from Sale of a Homestead
By: Edward L. Kelly Cash proceeds obtained from the sale of a homestead property receive protection from creditors’ claims, provided …
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Overview of the Servicemembers Civil Relief Act
By: Adam B. Brandon The Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, …
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The Danger of Contracting with a Tenant for Improvements to Real Property
By: Scott Padgett You’ve completed your work, payment is past due and you’re ready to record a construction lien . …
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Lenders Still Struggle with Issue of Standing – a New Spate of Cases out of the Fourth DCA
By Scott J. Kennelly and Janet C. Owens We have written multiple blogs about standing to foreclose , but a …
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U.S. Supreme Court Rules Borrowers May Rescind Residential Mortgage Loans by Written Notice
By: Adam B. Brandon The Truth in Lending Act (“TILA”) requires lenders to make certain disclosures to borrowers before the …
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Holder of Equity Interest in Bankrupt Company not Entitled to Become Shareholder in Reorganized Entity
A recent Eleventh Circuit case examines equity shareholders’ role (or lack thereof) in a reorganized entity. Vision-Park Properties owned an …
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Attorney’s Fees Not Always A Sure Thing in Florida Lien Foreclosure Cases
By: Gabriel Grafton According to Florida law, the prevailing party in a suit brought to enforce a lien or claim …
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CMBS – Risky Business?
Commercial Mortgage-Backed Securities (CMBS) loans are on the rise and many familiar with the market are concerned with the relaxed …
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Bank of Manhattan v. FDIC
By Scott J. Kennelly and Janet C. Owens We have previously posted about some of the protections available under FIRREA …
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Correcting a Legal Description after Final Judgment of Foreclosure and Sale
By: Edward L. Kelly Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance …
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