Scott J. Kennelly

Scott J. Kennelly

Rogers Towers

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Lenders Still Struggle with Issue of Standing – a New Spate of Cases out of the Fourth DCA

We have written multiple blogs about standing to foreclose, but a new spate of recent cases out of Florida’s Fourth District Court of Appeals demonstrate that lenders still struggle with the issue of standing. On March 25,...more

4/8/2015 - Appeals Foreclosure Loan Documentation Mortgage Lenders Mortgages Standing

Foreclosure Sales in Florida’s Federal Courts

Although typically foreclosure actions are brought in state court, lenders may occasionally find themselves pursuing foreclosure in federal court. Although the costs and procedures for conducting the foreclosure sale are...more

2/11/2015 - Foreclosure Jurisdiction Mortgage Lenders Mortgages Special Master

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

Statute of Limitations Issues in Foreclosure Actions

An important issue that arises for lenders when pursuing foreclosure actions is determining when the statute of limitations begins to run. Florida Statutes provide that a party has five years to foreclose a mortgage, but...more

7/23/2014 - Accelerated Payments Appeals Banks Foreclosure Mortgages Secured Lenders Statute of Limitations US Bank

Question Certified to the Florida Supreme Court: Can Lenders Cure Standing Defects?

Establishing standing—the legal basis of a plaintiff’s right to bring suit—to enforce a promissory note is a critical aspect of any foreclosure action. Florida case law requires that the party seeking to foreclose have...more

11/22/2013 - Foreclosure Lenders Mortgages Promissory Notes Standing

Rogers Towers: Discovery of Loss-Share Payments in Litigation: Irrelevant

In foreclosure actions based on assets of a failed bank, borrowers sometimes attempt to discover whether and how much the FDIC has reimbursed the acquiring institution for its loss under the loan....more

9/10/2013 - Acquisitions Banks Borrowers FDIC Foreclosure Loss Mitigation Reimbursements

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 Foreclosure Sales: Developing a Maximum Bid

A secured creditor who obtains a foreclosure judgment has the ability to “credit bid” at the foreclosure sale up to the full amount indicated in the judgment, without being required to deposit any funds with the Clerk of the...more

2/28/2013 - Credit Bids 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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