M. Scott Thomas

M. Scott Thomas

Rogers Towers

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

5 Results
|
View per page
Page: of 1

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×