M. Scott Thomas

M. Scott Thomas

Rogers Towers

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Latest Publications


The Business Records Exception to the Hearsay Rule

When a bank assigns a mortgage to another bank, the assignor typically provides a loan payment history to the assignee as part of the transfer. If the assignee later brings suit to foreclose the mortgage, it is typical to...more

5/27/2014 - Assignees Assignments Banks Foreclosure Hearsay Mortgages Payment Records Summary Judgment

An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser

If the value of a foreclosed property is less than the loan amount, lenders may seek a deficiency judgment from borrowers and guarantors after the foreclosure sale. In most cases, the lender is the sole bidder at the sale and...more

3/26/2014 - Deficiency Judgments Fair Market Value Foreclosure Mortgages

Litigation Hold Extends to Third Party Independent Agents

Insurance and financial institutions understand the importance of data preservation, but from time to time – usually in the throes of complex litigation – the specific requirements of federal and state data preservation laws...more

1/9/2014 - Litigation Hold Record Preservation Spoliation Third-Party Agents

What is an Allonge?

Given the importance of the allonge in establishing a bank’s standing in commercial foreclosure cases, you may be surprised that the term “allonge” is nowhere to be found in Florida’s Commercial Code. In one case, the court...more

11/27/2013 - Bank Notes Banks Commercial Bankruptcy Foreclosure Standing

Rogers Towers: The Perils of Post-Judgment Pre-Sale Modifications

A reasonable workout often remains the prudent choice for defaulted commercial real estate loans even in the context of a pending (or nearly completed) foreclosure action....more

7/25/2013 - Loan Modification Agreements Loan Modifications Modification Real Estate Market

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