When the FDCPA and the Bankruptcy Code Conflict: Which Controls?
By: J. Ellsworth Summers, Jr. & Scott St. Amand As most lenders and banking litigators understand, courts construe the language …
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The Status of Florida Foreclosures in 2013
By: Douglas L. Waldorf, Jr. The Florida Bar News, in its October 1, 2013 edition, published an article summarizing the …
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Discovery of Loss-Share Payments in Litigation: Public Policy
By: Scott J. Kennelly & Janet C. Owens Financial institutions seeking to challenge discovery relating to Loss-Share Agreements and payments …
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Managing Litigation Cost – Florida’s Expedited Foreclosure Procedure
By: Douglas L. Waldorf, Jr. This article is the final article of a series and is excerpted from my book …
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FDIC Loss-Share Agreements: Branch Banking & Trust Company v. Kraz, LLC
By Scott J. Kennelly and Janet C. Owens There is a common misconception among borrowers that the application of Loss-Share …
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Managing Litigation Cost – Discovery and Summary Judgment Motions
By: Douglas Waldorf, JD, MBA This article is the second of a series and is excerpted from my book entitled …
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Discovery of Loss-Share Payments in Litigation: Irrelevant
By: Scott J. Kennelly and Janet C. Owens In foreclosure actions based on assets of a failed bank, borrowers sometimes …
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Safe-Harbor Provisions for Association Assessments — “First Mortgagee” Must Take Title
By: Jacob Payne The Florida Statutes provide that the subsequent owner of a condo unit or home subject to a …
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The Shell Game: Bankrupt Debtor’s Concealment of Pre-Petition Claims
Part I: The Setup: Treatment of Prepetition Causes of Action in Bankruptcy Proceedings By: J. Ellsworth Summers, Jr. and Scott …
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FDIC Loss-Share Agreements: Overview
By: Scott J. Kennelly & Janet C. Owens Once a bank’s primary regulator has determined to close a bank, the …
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