Rogers Towers - Florida Banking Law

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

  • 904.398.3911
  • 904.396.0663

Commission Calls for Overhaul of Chapter 11 Bankruptcy Code

On Monday, December 8, 2014, the American Bankruptcy Institute’s Chapter 11 Reform Commission, which is tasked with recommending reforms to the nearly 40-year-old bankruptcy regime, released a report which found that the current…more
| Bankruptcy, Finance & Banking

Marriage Equality and The Equal Credit Opportunity Act

On January 1, 2015, United States District Judge Hinkle issued an Order ruling that all Florida counties are to start issuing marriage licenses to same-sex couples as of January 6, 2015. The implications of this ruling are…more
| Civil Rights, Finance & Banking, Consumer Protection, Family Law

Chapter 13 Debtors Choosing to Retain Residential Property and Not Claim Homestead Are Not Entitled to Wildcard Exemption

In Florida, it is well settled that a Chapter 7 debtor who does not claim or receive the benefit of the homestead exemption on his bankruptcy schedules is entitled to claim the “wildcard” exemption pursuant to Fla. Stat. §…more
| Bankruptcy, Constitutional Law, Finance & Banking, Real Estate - Residential

Foreclosing Lender Forced to File a Separate Action on Association Assessments

Foreclosing mortgagees often wait until after a foreclosure judgment and certificate of title are issued to determine the extent of liability to a homeowners or condominium association for past due assessments. But what if there…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

IBERIABANK v. Beneva

When an institution acquires a failed bank from the FDIC as Receiver and then faces litigation arising from the failed bank’s loans, FDIC “special powers” can often be asserted by the institution, as assignee of the FDIC as…more
| Civil Procedure, Civil Remedies, Finance & Banking, Mergers & Acquisitions

Documentary Stamp Taxes: Enforcing a Promissory Note and Mortgage Prior to Payment

While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject the offender to criminal and financial sanctions, the state’s courts of appeal are split when it comes to determining whether…more
| Franchise Law, Real Estate - Residential, Taxation

Ms. McNeal Goes to Washington

For those of you who have followed our blog since its inception, you will know that one of our most discussed opinions is that of In re McNeal, in which the Eleventh Circuit held that a debtor may strip a wholly unsecured junior…more
| Bankruptcy, Finance & Banking

Authenticating Loan Records From Prior Lenders

In special assets litigation, a bank offers into evidence its own loan records as well as the records of other lenders who previously serviced the loan. However, Florida courts treat these records as inadmissible hearsay until…more
| Civil Procedure, Electronic Discovery, Finance & Banking

The Third District Weighs-in on the Application of the Statute of Limitation Defense to Mortgage Foreclosures

Who would have imagined that a dismissal with prejudice would be better for a lender than a dismissal without prejudice? It is counterintuitive to say the least, but when it comes to the application of the statute of limitations…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

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
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  • Litigation
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  • Florida
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11-24 Attorneys

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