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A Potential Defense for Purchasing Banks Against Lender Liability Claims Based on the Actions of a Failed Bank

BlogMay 13, 2014

By: Adam B. Brandon Previous posts discussed how the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory …

Authorized Signors of Loan Documents

BlogMay 8, 2014

By: Douglas L. Waldorf, Jr. One of the threshold issues to consider in loan transactions is determining who is authorized …

Jurisdiction After Settlement Agreements

BlogMay 6, 2014

By: Scott J. Kennelly and Jacy Owens In the midst of litigation, the lender and the borrower often reach a …

Effect of Automatic Stay in Quasi-Criminal Proceedings

BlogMay 1, 2014

By: J. Ellsworth Summers and Scott St. Amand The automatic stay of § 362(a) of the Bankruptcy Code is one …

Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests

BlogApril 29, 2014

By: E. Carson Lange and Gabriel Crafton In a prior post , we discussed a grantor’s continuing liability under a …

Plaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is Not Challenged By the Defendant In Its Pleadings

BlogApril 22, 2014

By: Douglas L. Waldorf, Jr. The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred …

“Substantial Compliance” With Notice Requirements Not Enough

BlogApril 15, 2014

By: Adam B. Brandon Florida’s Fifth District Court of Appeal recently emphasized the need for lenders to strictly comply with …

Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender

BlogApril 9, 2014

By: Douglas L. Waldorf, Jr. I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has …

Eleventh Circuit Holds Replacement Value – Applies to Surrender of Collateral in Chapter 13 Plan

BlogApril 3, 2014

By: J. Ellsworth Summers, Jr. & Armando Nozzolillo On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, …

Claims Against Failed Banks Must Go Through the FDIC’s Administrative Claims Process

BlogApril 1, 2014

By: Scott J. Kennelly & Adam B. Brandon As described in a previous post , the Financial Institutions Reform, Recovery, …