Effect of Automatic Stay in Quasi-Criminal Proceedings
By: J. Ellsworth Summers and Scott St. Amand The automatic stay of § 362(a) of the Bankruptcy Code is one …
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Guarantors Remain Liable Under Renewed Promissory Note, Even Absent Notice or Consent, Where the Modifications Are Not Adverse To the Guarantors’ Interests
By: E. Carson Lange and Gabriel Crafton In a prior post , we discussed a grantor’s continuing liability under a …
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Plaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is Not Challenged By the Defendant In Its Pleadings
By: Douglas L. Waldorf, Jr. The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred …
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“Substantial Compliance” With Notice Requirements Not Enough
By: Adam B. Brandon Florida’s Fifth District Court of Appeal recently emphasized the need for lenders to strictly comply with …
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Transfers of Real Property for Estate Planning and Other Purposes and Their Effect on the Mortgage Lender
By: Douglas L. Waldorf, Jr. I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has …
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Eleventh Circuit Holds Replacement Value – Applies to Surrender of Collateral in Chapter 13 Plan
By: J. Ellsworth Summers, Jr. & Armando Nozzolillo On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, …
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Claims Against Failed Banks Must Go Through the FDIC’s Administrative Claims Process
By: Scott J. Kennelly & Adam B. Brandon As described in a previous post , the Financial Institutions Reform, Recovery, …
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The FDIC’s Administrative Claims Process for Failed Banks
By: Scott J. Kennelly & Adam B. Brandon Enacted by Congress after the Savings and Loan Crisis of the 1980s, …
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An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser
By: Samantha Orender & M. Scott Thomas If the value of a foreclosed property is less than the loan amount, …
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Guarantors Are Liable For Renewal Promissory Notes Executed Without Notice or Consent Even After Revoking Guaranty
By: E. Carson Lange & Gabriel Crafton Promissory notes are often renewed and extended without the express written consent of, …
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