Banking Fees Are Now The Norm – Find Out Why
By: Edward L. Kelly Your client, an individual, walks into Friendly Bank and presents for payment a check in the …
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Depositions: “Invoking the Rule” To Exclude Persons From Attending Depositions
By: Scott J. Kennelly and Jacy C. Owens Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses …
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Appealing Real Estate Taxes in Florida
As the old saying goes, there are two certainties in life: death and taxes. For commercial real estate owners and …
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The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act
The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national …
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Garnishing Non-Cash Proceeds from Sale of a Homestead
By: Edward L. Kelly Cash proceeds obtained from the sale of a homestead property receive protection from creditors’ claims, provided …
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Overview of the Servicemembers Civil Relief Act
By: Adam B. Brandon The Servicemembers Civil Relief Act of 2003 (SCRA) protects members of the Army, Navy, Air Force, …
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The Danger of Contracting with a Tenant for Improvements to Real Property
By: Scott Padgett You’ve completed your work, payment is past due and you’re ready to record a construction lien . …
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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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