Rogers Towers - Florida Banking Law

1301 Riverplace Boulevard Suite 1500
Jacksonville, FL 32207, United States

  • 904.398.3911
  • 904.396.0663

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 the…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Garnishment in Florida: Serving Writs of Garnishment on Third Party Bank Accounts

In a previous article, we provided an overview of the basic procedures judgment creditors must follow when serving writs of garnishment on banks and the obligations of financial institutions that are served with writs. We also…more
| Civil Procedure, Finance & Banking

Operation Choke Point

As part of a coordinated, multi-agency initiative known as “Operation Choke Point,” the Federal Deposit Insurance Corporation (FDIC) has warned financial institutions that they might be liable for maintaining banking…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking

Judgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on Garnishee

Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions…more
| Civil Procedure, Civil Remedies, Finance & Banking

Usury in Florida: Exceptions to Civil Penalties

When a lender “willfully” charges interest in excess of statutory limits, civil usury penalties may apply. However, Florida’s usury statutes provide for two exceptions to the application of civil usury penalties. The…more
| Civil Remedies, Commercial Law & Contracts, Finance & Banking

Writs of Garnishment in Florida: An Overview

Writs of garnishment provide judgment creditors (i.e., the party in whose favor the judgment was entered) access to money that belongs to debtors but is possessed or controlled by third parties, typically financial institutions…more
| Civil Procedure, Civil Remedies, Finance & Banking

Who Do You Trust?— New Ruling Highlights the Need for Care in Deciding How to Open Your Joint Bank Account

Florida law recognizes, and most banks offer, multiple forms of account designation to meet the desires and needs of individual customers. Keep in mind, however, that the standard demand deposit account agreement (whether…more
| Civil Procedure, Finance & Banking, Consumer Protection

Spouse-Guarantor Rule: A Split Between Federal Circuit Courts

When a closely-held entity applies for a loan, the financial institution usually requires the entity’s owner(s) to guaranty the loan. If the owner is married, the financial institution may also require the owner(s) spouse(s) to…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Finance & Banking

Discovery and Social Media

The advent of social media has brought about many changes in the world of litigation, not the least of which is the availability of information that previously would have been impossible to discover. It is hardly an exaggeration…more
| Civil Procedure, Communications & Media Law, Electronic Discovery, Privacy

Written Document Retention and Destruction Policy Saves the Day (Again)

As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Complying with the Florida Consumer Collection Practice Act

In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should take precautions to limit its exposure to claims under the Florida Consumer Collection Practices Act (FCCPA). For…more
| Finance & Banking, Consumer Protection

Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7

In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter 7…more
| Bankruptcy, Civil Procedure, Consumer Protection

Florida Foreclosure Volume Update

The Florida Bar News, in its September 15, 2014 edition, reported that Florida foreclosure volume has declined with the number of filings in the first half of 2014 about 50% of filings for the same period the year prior. The…more
| Finance & Banking, Real Estate - Residential

Usury in Florida: Penalties

There are two “tiers” of penalties for violation of the Florida usury statutes, one civil and the other criminal, and both are severe. Civil penalties usually involve forfeiture of the entire interest charged (or contracted to…more
| Civil Remedies, Commercial Law & Contracts, Criminal Law, Finance & Banking, Real Estate - Residential

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
| Commercial Law & Contracts, Franchise Law
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  • Litigation
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  • Florida
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11-24 Attorneys

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