Mark Wolfson

Mark Wolfson

Foley & Lardner LLP

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Florida Banks: Beware of Eleventh Circuit Decision Implications

Banks beware: At the very least in Florida, you may be liable for negligence and “aiding and abetting fraud” to non-customers for trust funds deposited by a bank customer that were obtained by the customer through fraud,...more

11/22/2016 - Aiding and Abetting Banking Sector Banks Corporate Executives Escrow Accounts Fraud Fraudulent Transfers Imputed Knowledge Investors Negligence

Bankruptcy Homeowners Cannot Surrender Residence in Bankruptcy and Later Fight Lender’s Foreclosure

In a rare win for mortgage lenders, the 11th Circuit (controlling law in Florida, Georgia, and Alabama) ruled today that an owner who agrees to “surrender” their residence in bankruptcy court under 11 U.S.C. Section...more

10/7/2016 - Consumer Bankruptcy Creditors Foreclosure Mortgage Lenders

A Trifecta of Legal Victories for Lenders in Florida

Deutsche Bank Trust Co. v. Beauvais, Case No.: 3D14-575 (Fla 3rd DCA April 13, 2016) - Based on Beauvais, lenders should take a look at their loan documents, paying particular attention to any non-waiver and...more

4/21/2016 - Acceleration Condominium Associations Foreclosure Lenders Lis Pendens Loan Documentation Mortgages Statute of Limitations

Delaware Supreme Court Rules Mistakenly Filed UCC Termination Statement Is Effective in $1.5 Billion Secured Loan Transaction

Lenders need to exercise great caution when filing a UCC-3 termination statement. They must make sure that the list of security interests terminated is accurate and that the statement does not mistakenly include other,...more

10/21/2014 - Article 9 General Motors Loans Termination Uniform Commercial Code (UCC)

Florida Foreclosure Laws Affected by Governor Scott's Signing of HB 87

On June 7, 2013, Florida Gov. Rick Scott signed HB 87, affecting the state’s foreclosure laws. By its terms, the statute is effective immediately. Below are some of the highlights...more

6/19/2013 - Deficiency Judgments Foreclosure Indemnification Mortgages Order to Show Cause Renewable Energy

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