Samantha Alves Orender

Samantha Alves Orender

Rogers Towers

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Latest Publications


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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