Rogers Towers - Florida Banking Law

Holder of Equity Interest in Bankrupt Company not Entitled to Become Shareholder in Reorganized Entity

A recent Eleventh Circuit case examines equity shareholders’ role (or lack thereof) in a reorganized entity. Vision-Park Properties owned an equity share of Seaside Engineering & Surveying, Inc. Seaside filed for Chapter 11…more
| Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Securities Law

CMBS – Risky Business?

Commercial Mortgage-Backed Securities (CMBS) loans are on the rise and many familiar with the market are concerned with the relaxed underwriting standards. Interestingly, looser underwriting standards and increased loan volume…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Real Estate - Commercial

Bank of Manhattan v. FDIC

We have previously posted about some of the protections available under FIRREA to the FDIC as Receiver of a failed bank, including the FDIC’s power to enforce contracts of the failed bank under 12 U.S.C. § 1821. A recent…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Correcting a Legal Description after Final Judgment of Foreclosure and Sale

Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance to lenders; in the event of foreclosure, a purchaser (often the lender) cannot obtain clear title to the property unless it…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

The Rise of Commercial Real Estate Crowdfunding

Investing in commercial real estate is a pipe dream for all but the highest net worth individuals. However, in July of last year, the Hard Rock Hotel in Palm Springs defied conventional real estate logic and sold a fifteen…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Real Estate - Commercial

Two Sides of the Same Coin: Chapter 11 Reform in the House and Senate

As we discussed in our previous post, in the wake of the financial crisis that began with large financial institutions failing in 2008, practitioners and politicians alike have been calling for Bankruptcy Code reform. Both the…more
| Bankruptcy, Elections & Politics, Finance & Banking

Authenticating Evidence In Support of Summary Judgment

Florida’s Fifth District Court of Appeal recently filed an opinion that emphasizes the importance of properly authenticating evidence in support of a motion for summary judgment. In Colon v. JP Morgan Chase Bank, N.A. et al.,…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

The Lien Stripping Saga Continues in Chapter 7 Bankruptcy Cases

In the latest chapter of “lien stripping,” the Honorable Judge Erik P. Kimball of the Southern District of Florida, Bankruptcy Court, recently grappled with the issue of whether a debtor can strip a completely unsecured junior…more
| Bankruptcy, Finance & Banking, Real Estate - Residential

The Equal Credit Opportunity Act: Overview of Damages for Violations

As previously discussed on this blog, the Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national origin, marital status, and age among…more
| Civil Remedies, Civil Rights, Finance & Banking, Consumer Protection

Condominium Association Assessments in Mortgage Foreclosure Cases

Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. 1st DCA Dec. 18, 2014), Florida’s First District Court of Appeal followed the Third District in Central Mortg…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

Equitable Subrogation: Protecting Lien Position in a Foreclosure Action

The doctrine of subrogation enables a party discharging another’s debt to step into the shoes of the creditor who held the discharged debt. Subrogation plays a significant role in the mortgage context, as the concept acts as an…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

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
| Civil Procedure, Finance & Banking, Real Estate - Residential

Acceleration and Florida’s Five-Year Statute of Limitations

Florida’s Third District Court of Appeal recently filed an opinion that illuminates when a lender’s acceleration of debt triggers the five-year statute of limitations. In Snow v. Wells Fargo Bank, N.A., 2015 WL 160326 (Fla. 3d…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

A New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium Assessments

Florida Statute § 718.116(1)(b) limits a foreclosing first mortgagee’s liability for past due condominium assessments by providing that liability will be the lesser of twelve months of past due assessments or one percent of the…more
| Finance & Banking, Real Estate - Residential

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
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