Settling Pre-Petition Claims During a Pending Bankruptcy Proceeding
By: J. Ellsworth Summers and Scott St. Amand As we have discussed in previous posts, when a plaintiff or defendant …
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A Potential Defense for Purchasing Banks Against Lender Liability Claims Based on the Actions of a Failed Bank
By: Adam B. Brandon Previous posts discussed how the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory …
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Authorized Signors of Loan Documents
By: Douglas L. Waldorf, Jr. One of the threshold issues to consider in loan transactions is determining who is authorized …
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Jurisdiction After Settlement Agreements
By: Scott J. Kennelly and Jacy Owens In the midst of litigation, the lender and the borrower often reach a …
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Effect of Automatic Stay in Quasi-Criminal Proceedings
By: J. Ellsworth Summers and Scott St. Amand The automatic stay of § 362(a) of the Bankruptcy Code is one …
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Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests
By: E. Carson Lange and Gabriel Crafton In a prior post , we discussed a grantor’s continuing liability under a …
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Plaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is Not Challenged By the Defendant In Its Pleadings
By: Douglas L. Waldorf, Jr. The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred …
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“Substantial Compliance” With Notice Requirements Not Enough
By: Adam B. Brandon Florida’s Fifth District Court of Appeal recently emphasized the need for lenders to strictly comply with …
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Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender
By: Douglas L. Waldorf, Jr. I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has …
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Eleventh Circuit Holds Replacement Value – Applies to Surrender of Collateral in Chapter 13 Plan
By: J. Ellsworth Summers, Jr. & Armando Nozzolillo On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, …
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