Issues of Agency in Garnishment Procedures
It is well established that after a judgment of default, a creditor may serve a writ of garnishment upon the …
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Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge
By: J. Ellsworth Summers, Jr. & Scott St. Amand Nearly a year ago to the day, we published a post …
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Florida Mortgage Foreclosure Volume Update
By: Douglas L. Waldorf, Jr. Following a monthly high volume of foreclosure filings from July 2008 to July 2010, there …
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HB 87 – A Summary of Florida’s New Foreclosure Law – Part 3
By: Douglas L. Waldorf, Jr. In prior posts we examined several components of HB 87, the bill which became law …
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When the FDCPA and the Bankruptcy Code Conflict: Which Controls?
By: J. Ellsworth Summers, Jr. & Scott St. Amand As most lenders and banking litigators understand, courts construe the language …
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The Status of Florida Foreclosures in 2013
By: Douglas L. Waldorf, Jr. The Florida Bar News, in its October 1, 2013 edition, published an article summarizing the …
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Discovery of Loss-Share Payments in Litigation: Public Policy
By: Scott J. Kennelly & Janet C. Owens Financial institutions seeking to challenge discovery relating to Loss-Share Agreements and payments …
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Managing Litigation Cost – Florida’s Expedited Foreclosure Procedure
By: Douglas L. Waldorf, Jr. This article is the final article of a series and is excerpted from my book …
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FDIC Loss-Share Agreements: Branch Banking & Trust Company v. Kraz, LLC
By Scott J. Kennelly and Janet C. Owens There is a common misconception among borrowers that the application of Loss-Share …
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Managing Litigation Cost – Discovery and Summary Judgment Motions
By: Douglas Waldorf, JD, MBA This article is the second of a series and is excerpted from my book entitled …
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