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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Correcting a Legal Description after Final Judgment of Foreclosure and Sale
By: Edward L. Kelly Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance …
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The Rise of Commercial Real Estate Crowdfunding
Investing in commercial real estate is a pipe dream for all but the highest net worth individuals. However, in July …
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Is Toxic Flooring the New Chinese Drywall?
A few days ago, the popular television program “60 Minutes” aired a story about a national flooring retailer selling Chinese-manufactured …
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Two Sides of the Same Coin: Chapter 11 Reform in the House and Senate
As we discussed in our previous post, in the wake of the financial crisis that began with large financial institutions …
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