Scott J. Kennelly

Scott J. Kennelly

Rogers Towers

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Usury in Florida: Are Late Fees Usurious?

When borrowers default under the terms of their loans, lenders often, in accordance with the loan documents, can assess late fees against the borrower. When lenders assess late fees around the time of or after a loan matures...more

8/14/2014 - Borrowers Lenders Loans Usury

Rogers Towers: Usury in Florida: The Limited Application of the Savings Clause

A usury savings clause is a provision in a loan document that attempts to negate any other provisions therein that might result in the extraction of an illegal interest rate....more

7/30/2013 - Interest Rates Lenders Loans Usury

Rogers Towers: Usury in Florida: Intent is Key

Usury under Florida law is largely a matter of intent. It is not fully determined by the fact that the lender actually received more than law permits but by the existence of a corrupt purpose in the lender’s mind to charge...more

4/11/2013 - Bad Faith Interest Rates Lenders Loan Documentation Loans Usury

Rogers Towers: Use of FDIC Special Powers: Overview

Last month, the Federal Deposit Insurance Corporation reported that 470 financial institutions have failed since 2007. It is no wonder, then, that many institutions are embroiled in litigation involving loans made by failed...more

1/10/2013 - D’Oench Doctrine FDIC Insolvency Loans

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