Edward L. Kelly

Edward L. Kelly

Rogers Towers

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Creditors Beware: Married Couples Claiming Homestead Protection on Two Residences May Avoid a Forced Sale

Florida’s homestead exemption protects a married couple’s primary residence from forced sale to satisfy a judgment lien, but what happens when spouses retain two properties as their individual primary residences, claiming...more

10/1/2014 - Homestead Exemption Judgment Liens Primary Residence Separation Spouses

New Ruling Permits Lenders to Require Flood Insurance Coverage in Excess of Loan Amount

Recent events have been highlighted in the press, regarding the redrawing of federal flood hazard maps and proposed increases in premium rates for flood insurance for property owners within special flood hazard zones, which...more

3/14/2014 - Excess Policies Flood Insurance Lenders

Rogers Towers: Amendment to UCC Filing Requirements

Florida’s Uniform Commercial Code was subject to some recent changes and revisions which became effective on July 1, 2013. One change in particular was to Florida Statute § 679.5 16 which governs the UCC filing requirements...more

7/23/2013 - Financial Restatements New Legislation Proposed Amendments UCC

Roger Towers: A Lender’s Right to Set Off Against an Account

Under Florida common law, a bank may set off the balance of an obligation owed to it by its depositor (e.g., a loan) against a general deposit made by the depositor (e.g., the balance of a checking or savings account) which...more

11/27/2012 - Set Off

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