Samantha Alves Orender

Samantha Alves Orender

Rogers Towers

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When is your Final Deficiency Judgment Really Final?

Florida 1st DCA Distinguishes Between Amending a Final Judgment under Florida Rule of Civil Procedure 1.540(a) and 1.540(b) as to Mistakes - In Lorant v. Whitney National Bank, decided February 24, 2015, Florida’s First...more

6/24/2015 - Amended Order Deficiency Judgments Final Judgment Foreclosure Mortgage Lenders Mortgages Rules of Civil Procedure

Note versus Mortgage: Who leads the dance?

Earlier this month, Florida’s Fourth District Court of Appeal released an opinion seemingly designed to serve as a primer on perfecting a security interest in a promissory note secured by a mortgage. The analysis is found in...more

5/22/2015 - Appeals Assignments HSBC Mortgages Perfected Security Interest Promissory Notes UCC

The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national origin, marital status, and age among other things. Penalties for...more

4/29/2015 - Consumer Lenders Defense Strategies Discrimination ECOA

The Equal Credit Opportunity Act: Overview of Damages for Violations

As previously discussed on this blog, the Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national origin, marital status, and age...more

2/23/2015 - Consumer Lenders ECOA Enforcement

Marriage Equality and The Equal Credit Opportunity Act

On January 1, 2015, United States District Judge Hinkle issued an Order ruling that all Florida counties are to start issuing marriage licenses to same-sex couples as of January 6, 2015. The implications of this ruling are...more

1/27/2015 - Consumer Lenders Creditors ECOA Lenders Same-Sex Marriage

The Equal Credit Opportunity Act’s Safe Harbor for Assignees

In a previous post, we considered whether guarantors are considered to be “applicants” under the Equal Credit Opportunity Act (the “ECOA”), and today, we will consider whether assignees who acquire debt would be subject to...more

10/6/2014 - Assignees Creditors ECOA Safe Harbors

Do Guarantors Fall under the Protection of the Equal Credit Opportunity Act?

We have discussed the Equal Credit Opportunity Act (“ECOA”), which makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, among other things, the...more

9/5/2014 - Compliance Creditors Discrimination ECOA Federal Reserve Guarantors

Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, inter...more

7/3/2014 - Creditors Discrimination ECOA Federal Reserve Joint Accounts

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

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: Enforcing a Lost Promissory Note

In Florida, it is well established that the original promissory note must be surrendered to the court as a condition of its enforcement. What do you do when you cannot find the original promissory note?...more

8/27/2013 - Promissory Notes Required Documentation

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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