Douglas L. Waldorf, Jr.

Douglas L. Waldorf, Jr.

Rogers Towers

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Yet Another New Case On Standing to Foreclose

In July, the 2d DCA overturned a bank’s summary judgment on the grounds that the bank failed to rebut the defense of lack of standing. The frequency and similarity of these cases makes me think of the movie Goundhog Day!...more

9/17/2014 - Bank of America Foreclosure Secured Lenders Standing

A New Case On Standing to Foreclose

Legal standing to foreclose a note and mortgage continues to be an issue that frustrates plaintiffs and delights defense counsel. Florida courts have consistently held that standing must exist when the lawsuit is filed and...more

8/22/2014 - Foreclosure Mortgages Standing

Standing To Foreclose– Revisited

There have been several articles posted on this blog on the subject of standing – the legal right to enforce a promissory note and/or mortgage. This continues to be a popular issue for defense counsel to raise and, as a...more

7/25/2014 - Foreclosure Mortgages Promissory Notes Standing

Thoughts On Mortgagee Title Insurance Policies

Banks are, once again, making real estate secured loans in Florida. Those in the industry will undoubtedly be aware of the fact that most lenders require a mortgagee title insurance policy to insure their mortgage lien on...more

6/26/2014 - Banks Mortgages Secured Lenders Secured Loans Title Insurance

Authorized Signors of Loan Documents

One of the threshold issues to consider in loan transactions is determining who is authorized to sign the loan documents on behalf of entity borrowers. This is important not only in cases where the entity is the borrower but...more

5/8/2014 - Borrowers Loan Documentation Loans Managers Members RULLCA

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

The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred to as “standing”. This has been a hot topic in Florida foreclosure cases with courts holding that standing must exist when the...more

4/23/2014 - Foreclosure Mortgages Promissory Notes Secured Lenders Standing

Florida Mortgage Foreclosure Volume Update

Following a monthly high volume of foreclosure filings from July 2008 to July 2010, there has been a significant decline in new cases through August of 2013. This information was provided by The Florida Bar News in its...more

11/5/2013 - Foreclosure Mortgages

HB 87 – A Summary of Florida’s New Foreclosure Law – Part 3

In prior posts we examined several components of HB 87, the bill which became law in Florida this past summer. In this post we will review a few more aspects of the new law. The law creates statute 702.036 which was...more

10/31/2013 - Foreclosure Good Faith Mortgages

The Status of Florida Foreclosures

The Florida Bar News, in its October 1, 2013 edition, published an article summarizing the status of Florida mortgage foreclosure cases. The current volume of cases is reportedly the lowest since 2006. In the first six months...more

10/16/2013 - Foreclosure Mortgages

Managing Litigation Cost - Florida's Expedited Foreclosure Procedure

This article is the final article of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss Florida’s...more

9/24/2013 - Attorney's Fees Legal Costs

Managing Litigation Cost – Discovery and Summary Judgment Motions

This article is the second of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss the impact of the...more

9/12/2013 - Corporate Counsel Discovery Foreclosure Legal Costs Lenders Litigation Fees & Costs Litigation Strategies Mortgages Summary Judgment

Rogers Towers: Authority to Endorse Note and Mortgage Not Self-Authenticating

Establishing the authority to foreclose a note and mortgage is simple when the note and mortgage are held by the original lender....more

8/29/2013 - Endorsements Foreclosure Mortgages Self-Authentication

Rogers Towers: HB 87 – A Summary of Florida’s New Foreclosure Law – Part 2: A Closer Look at F.S. 702.015

One of the new statutes created by HB 87 is 702.015. I referenced this in a prior blog post on July 11, 2013....more

8/1/2013 - Foreclosure Mortgages New Legislation

Rogers Towers: Managing Litigation Cost: Pre-Lawsuit File Review

In today’s environment, clients are more cost-conscious than ever and this is in direct conflict with the ever-increasing cost of litigation. There are, however, some common sense ways in which a case can be managed in order...more

7/16/2013 - Attorney's Fees Legal Costs Litigation Strategies

Rogers Towers: HB 87 – A Summary of Florida’s New Foreclosure Law – Part 1

In prior posts we analyzed the main components of HB 87, the bill introduced in the Florida legislature which proposed significant changes to certain aspects of Florida’s mortgage foreclosure process....more

7/11/2013 - Deficiency Judgments Foreclosure Mortgages New Legislation

Rogers Towers: HB 87 – Florida’s Foreclosure Bill Becomes Law

In two prior posts, we analyzed the main components of HB 87, the bill introduced in the Florida legislature which proposed significant changes to certain aspects of Florida’s mortgage foreclosure process. Last week, the bill...more

6/14/2013 - Foreclosure Proposed Legislation

Rogers Towers: Documentary Stamp Tax on Renewal Loans – A Review of the Basics

With property values slowly increasing and borrowers beginning to see the light at the end of a long recession, the demand for renewal loans is slowly building. To that end, let’s briefly review a few of the key rules...more

5/28/2013 - Borrowers Loans Promissory Notes Renewal Loans Stamp Taxes

Rogers Towers: Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules on Superpriority Issue

In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought...more

5/21/2013 - Liens Local Ordinance Mortgages Municipalities Property Tax

Magistrates to Handle Florida Residential Foreclosure Actions – Florida Supreme Court Amends Rule 1.490 and Significantly Changes...

It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases...more

5/16/2013

HB 87 – Florida’s Foreclosure Bill Is Back (Part 2)

In a prior post, we discussed two of the four main components of HB 87, the foreclosure reform bill presently under consideration in Florida. The remaining sections of the bill which merit consideration involve a revised...more

4/23/2013 - Foreclosure Mortgages Order to Show Cause Proposed Legislation

Municipal Liens vs. Mortgages: Which Has Priority?

I have recently encountered several situations in which local governments are claiming, under ordinances they have enacted, that their liens and fines have “superpriority” status over existing mortgages, regardless of when...more

4/19/2013 - Liens Mortgage Priority Mortgages Municipalities

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

I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has requested permission to transfer the collateral real property to another entity. These requests commonly are made for estate...more

4/9/2013 - Collateral Due-on-Sale Clause Lenders Loans Mortgagee Mortgages

Rogers Towers: HB 87 – Florida’s Foreclosure Bill is Back

On February 7, the House Civil Justice Subcommittee voted to pass Florida’s newest bill designed to improve the efficiency of mortgage foreclosures: House Bill 87. While it is still early in the legislative process, this is a...more

3/22/2013 - Deficiency Judgments Foreclosure Lenders Loan Documentation Mortgages Order to Show Cause

Rogers Towers: Foreclosure Strategies for Second Mortgage Holders

Lenders holding second mortgages will, assuming the first mortgage is in default, face decisions as to how to best protect their interests in the property. These questions typically come to the forefront when the first...more

3/5/2013 - Foreclosure Mortgage Priority Mortgages

Rogers Towers: Residential Lending and the Ability to Repay Rule

On January 10, 2013 the Consumer Financial Protection Bureau issued a rule imposing new requirements on residential mortgage lenders. The “Ability-to-Repay” rule was created to help implement certain provisions of the...more

2/14/2013 - Ability-to-Repay CFPB Lenders Mortgages Qualified Mortgage Rule TILA

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