Thoughts On Mortgagee Title Insurance Policies
By: Douglas L. Waldorf, Jr. Banks are, once again, making real estate secured loans in Florida. Those in the industry …
Read more
A Lesson on What Not to do in a § 363 Auction
By: J. Ellsworth Summers and Scott St. Amand For numerous corporate Chapter 11 debtors, the sale of some or all …
Read more
Recent Cases Support Foreclosing Lenders against Challenges to Standing
By: Heather S. Nason The Florida Second District Court of Appeals recently ruled on yet another challenge to a note …
Read more
Supreme Court Clarifies Stern v. Marshall
By: J. Ellsworth Summers and Scott St. Amand Not even Nostradamus could have predicted the profound effect that former Playmate …
Read more
FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses
By Scott J. Kennelly and Adam B. Brandon As previously discussed on this blog, the Financial Institutions Reform, Recovery, and …
Read more
Detroit Bankruptcy: The Next Step in the Grand Bargain
By: J. Ellsworth Summers and Scott St. Amand On Tuesday, June 2, 2014, the Michigan state senate passed a number …
Read more
A Grand Bargain? Detroit Defends Restructuring Plan
By J. Ellsworth Summers, Jr. and Scott St. Amand Over the Memorial Day weekend, while many around the country were …
Read more
The Business Records Exception to the Hearsay Rule
By: Samantha Alves Orender and M. Scott Thomas When a bank assigns a mortgage to another bank, the assignor typically …
Read more
Applicability of the Automatic Stay to Serial Chapter 13 Petition Filers
By: Armando Nozzolillo and Michael S. Waskiewicz Ordinarily, when a debtor files a chapter 13 bankruptcy petition, the automatic stay …
Read more
Settling Pre-Petition Claims During a Pending Bankruptcy Proceeding
By: J. Ellsworth Summers and Scott St. Amand As we have discussed in previous posts, when a plaintiff or defendant …
Read more