Adam Brandon

Adam Brandon

Rogers Towers

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Florida Consumer Collection Practices Act Applies to Anyone Collecting a Debt

The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using certain types of abusive, deceptive, and misleading tactics. In a recent decision, Florida’s Second District...more

8/29/2014 - Banks Debt Collection Debt Collectors FCCPA Unfair or Deceptive Trade Practices

U.S. Supreme Court Issues Bank Fraud Decision

On June 23, 2014, the U.S. Supreme Court issued its decision in Laughlin v. United States which defined what type of fraudulent activity is punishable under the federal bank fraud statute. Posing as a Mormon missionary, Kevin...more

7/30/2014 - Bank Fraud Fraud Laughlin v United States Mail Fraud SCOTUS

FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses

As previously discussed on this blog, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory administrative claims process for claims against the assets of failed financial...more

6/11/2014 - Affirmative Defenses Banks FDIC FIRREA

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

Previous posts discussed how the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory administrative claims process for claims against the assets of failed financial institutions. If a...more

5/13/2014 - Administrative Hearings Banks FDIC FIRREA JPMorgan Chase Lenders

"Substantial Compliance" With Notice Requirements Not Enough

Florida’s Fifth District Court of Appeal recently emphasized the need for lenders to strictly comply with the notice requirements of a mortgage prior to foreclosure. In Samaroo v. Wells Fargo, the borrower appealed the...more

4/15/2014 - Foreclosure Lenders Mortgages Notice Requirements Wells Fargo

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

As described in a previous post, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) requires that anyone with a claim against a failed bank must file a claim with the FDIC within 90 days of being...more

4/14/2014 - Banks Claims Procedures FDIC FIRREA Fleet Credit

The FDIC’s Administrative Claims Process for Failed Banks

Enacted by Congress after the Savings and Loan Crisis of the 1980s, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) gives the FDIC sweeping authority to resolve the problems posed by a failed...more

3/28/2014 - Banks Claims Procedures FDIC FIRREA

Florida Bans Texting While Driving

You may be wondering why an article about the new Florida statute banning texting while driving is being featured on a banking law blog. Admittedly, texting does not have much to do with banking, but the new law should be of...more

11/14/2013 - Distracted Driving Texting

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