Douglas L. Waldorf, Jr.

Douglas L. Waldorf, Jr.

Rogers Towers

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Latest Posts › Foreclosure


Condominium Association Assessments in Mortgage Foreclosure Cases

Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. 1st DCA Dec. 18, 2014), Florida’s First District Court of Appeal followed the Third District in Central...more

2/19/2015 - Annual Assessments Condominium Associations Condominiums Foreclosure Jurisdiction Trial Court Orders

A New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium Assessments

Florida Statute § 718.116(1)(b) limits a foreclosing first mortgagee’s liability for past due condominium assessments by providing that liability will be the lesser of twelve months of past due assessments or one percent of...more

2/4/2015 - Annual Assessments Condominiums Foreclosure HOA Mortgage Lenders

The Third District Weighs-in on the Application of the Statute of Limitation Defense to Mortgage Foreclosures

Who would have imagined that a dismissal with prejudice would be better for a lender than a dismissal without prejudice? It is counterintuitive to say the least, but when it comes to the application of the statute of...more

12/30/2014 - Deutsche Bank Dismissal With Prejudice Foreclosure Mortgage Lenders Secured Lenders Statute of Limitations

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

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 – 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 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: 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

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

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: Minimizing Delay in Owner Occupied Commercial Real Estate Foreclosures

This article is an update of an article which some of our blog readers may have received by email. Based on recent experience that I have had with this statute in circuit court, I have revised the original article....more

1/29/2013 - Foreclosure Mortgages

Rogers Towers: The Status of Florida Foreclosures

Recently, The Wall Street Journal published an editorial discussing the status of mortgage foreclosure litigation. The purpose of the article was to extol the alleged benefits of non-judicial foreclosure over judicial...more

1/15/2013 - Foreclosure Mortgages Non-Judicial Foreclosures

Rogers Towers: Legal Standing to Bring a Mortgage Foreclosure Lawsuit

The importance of demonstrating legal standing as a condition precedent to filing a mortgage foreclosure lawsuit cannot be overstated. In simple terms, “standing” refers to one’s legal right to bring a lawsuit....more

12/6/2012 - Foreclosure Mortgages Standing

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