Scott J. Kennelly

Scott J. Kennelly

Rogers Towers

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Florida Deficiency Proceedings: Costs Recoverable Following Foreclosure

Following a foreclosure sale, a lender may seek to obtain a deficiency judgment against the borrower and guarantors for the difference between the amount of the debt (as listed in the foreclosure judgment) and the value of...more

12/9/2014 - Deficiency Judgments Foreclosure Litigation Fees & Costs Mortgage Lenders Secured Lenders

Rogers Towers: Florida Deficiency Proceedings: Establishing the Value of the Property

Following a foreclosure sale, a secured creditor may seek a monetary judgment for the deficiency amount that remains owed to it by the borrower. If the creditor was the successful bidder at the foreclosure sale, it has the...more

3/12/2013 - Broker Price Opinions Deficiency Judgments Fair Market Value Foreclosure Secured Creditors

Rogers Towers: Florida Deficiency Proceedings: Effect of Bids at the Foreclosure Sale

During a deficiency proceeding, once a creditor introduces the foreclosure sale price, the borrower technically has the burden of presenting evidence to establish the fair market value of the property. In the absence of such...more

2/21/2013 - Appraisal Bids Competitive Bidding Creditors Deficiency Judgments Documentary Stamp Tax Expert Testimony Fair Market Value Foreclosure

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