The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act
The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national …
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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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