Usury in Florida: Penalties BlogOctober 7, 2014 By: Scott J. Kennelly and Janet C. Owens There are two “tiers” of penalties for violation of the Florida usury … Read more
The Equal Credit Opportunity Act’s Safe Harbor for Assignees BlogOctober 3, 2014 By: Samantha Alves Orender In a previous post , we considered whether guarantors are considered to be “applicants” under the … Read more
Creditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale BlogSeptember 30, 2014 By: Karl R. Gruss and Edward L. Kelly Florida’s homestead exemption protects a married couple’s primary residence from forced sale … Read more
Bankruptcy Trustee Lacks Standing to Bring Derivative Claim Against Bank’s Directors After Bank’s Closure and Receivership by FDIC BlogSeptember 25, 2014 In April of 2010, the Office of the Comptroller of the Currency closed First National Bank Myrtle Beach, S.C., a … Read more
Holding a Deed in Lieu in Escrow BlogSeptember 24, 2014 By: Heather S. Nason and Jonathan Sacks To avoid foreclosure, a borrower might agree to execute a deed in lieu … Read more
Detroit Bankruptcy Update: Settlements and Feasibility BlogSeptember 18, 2014 By J. Ellsworth Summers, Jr. and Scott St. Amand In Detroit’s ongoing restructuring effort, the city cleared a major hurdle … Read more
Yet Another New Case On Standing to Foreclose BlogSeptember 16, 2014 By: Douglas L. Waldorf In July, the 2d DCA overturned a bank’s summary judgment on the grounds that the bank … Read more
Overview of the Florida Consumer Collection Practice Act BlogSeptember 11, 2014 By: Adam B. Brandon As discussed in a prior post , the Florida Consumer Collection Practices Act (FCCPA) can apply … Read more
Eleventh Circuit Concludes That Filing a Proof of Claim After the Expiration of Statute of Limitations On the Ability to Collect a Debt Violates the FDCPA BlogSeptember 9, 2014 By: Armando Nozzolillo and Michael S. Waskiewicz Recently, the Eleventh Circuit Court of Appeals (the “Court”) ruled whether filing a … Read more
Do Guarantors Fall Under the Protection of the Equal Credit Opportunity Act? BlogSeptember 4, 2014 By Samantha Alves Orender We have discussed the Equal Credit Opportunity Act (“ECOA”), which makes it unlawful for a creditor … Read more