Can a Bank be Neither a Creditor nor a Debt Collector under the FDCPA?
By Edward L. Kelly Banks that meet the statutory definition of “debt collector” under the Fair Debt Collection Practices Act …
Read more
The Lender as Landlord? Issues for a Lender to Consider in Reviewing Commercial Leases
Leases can be complex commercial contracts. When a lender is reviewing a loan, the reviewer should keep in mind that …
Read more
Time is Running Out for a 2015 Interest Rate Increase
By Janet C. Owens Despite indications from the Federal Reserve in as early as March that rates would be raised …
Read more
Southern District Revises Mortgage Modification Mediation Program
Creditors take note; the Southern District of Florida Bankruptcy Court recently revised procedures for its Mortgage Modification Mediation Program. The …
Read more
Student Loan Servicers Fail to Comply With the Servicemembers Civil Relief Act
By Adam B. Brandon As detailed in a previous post , the Servicemembers Civil Relief Act …
Read more
The Role of the Department of Justice in Enforcing The Equal Credit Opportunity Act
The ECOA has been the topic of numerous posts on this blog. It is the law which makes it illegal …
Read more
When Homestead Is at Issue, Even Ethically Questionable Conduct Receives Protection
By Edward L. Kelly An equitable lien may provide a Florida creditor relief in scenarios where Florida’s broad homestead protections …
Read more
Does Res Judicata Bar a Subsequent Foreclosure Action?
By Scott J. Kennelly and Janet C. Owens While lenders frequently prevail at foreclosure trials, there are certainly occasions where …
Read more
Top 7 ways to Close on Time, Avoid Unnecessary Legal Fees, and Stress Less
We all have too many friends who leave their offices late in the evening the day before or the day …
Read more
Lending to Growers of Farm Products
Florida is a state with plenty of agribusiness and lenders frequently consider commercial loans to growers of farm products with …
Read more