Avery Simmons

Avery Simmons

Bradley Arant Boult Cummings LLP

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Latest Publications


Indiana Court Weighs in Deficiency Judgments

The Indiana Court of Appeals recently held that creditors must move for an in personam remedy in the original foreclosure judgment or forfeit their right to collect deficiency funds. In Elliott v. Dyck O’Neal, the bank...more

11/19/2015 - Borrowers Default Judgment Deficiency Judgments Foreclosure In Rem Jurisdiction In-Personam Remedies

New York Court of Appeals Clarifies Deficiency Judgment Affidavit Expectations

After a long stretch of inactivity in the default space, the New York Court of Appeals recently returned to the subject with an opinion addressing its expectations regarding affidavits used by parties seeking deficiency...more

6/9/2015 - Affidavits Deficiency Judgments Evidence Foreclosure Mortgages

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

5/10/2013 - Clawbacks Document Productions Document Review Email Record Preservation Sanctions

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