Alleged Oral Modification of Note and Mortgage Rejected on the Basis of Statute of Frauds
By Timothy D. Hedrick and Mark S. Mitchell On December 9, 2015, Florida’s Fourth District Court of Appeal issued an …
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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 …
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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, …
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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 …
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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 …
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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 …
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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. …
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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 …
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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 …
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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 …
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