Rogers Towers - Florida Banking Law

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

  • 904.398.3911
  • 904.396.0663

Standing To Foreclose– Revisited

There have been several articles posted on this blog on the subject of standing – the legal right to enforce a promissory note and/or mortgage. This continues to be a popular issue for defense counsel to raise and, as a result,…more
| Civil Procedure, Constitutional Law, Finance & Banking, Real Estate - Residential

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

Diligence in Hotel Lending

The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could continue…more
| Finance & Banking, Real Estate - Commercial

Social Media and Spoliation

As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and it…more
| Civil Procedure, Communications & Media Law

Detroit Bankruptcy Update: Sixth Circuit Throws Wrench into Restructuring Timetable

Earlier this month the Sixth Circuit Court of Appeals ruled that the appeal of Syncora Guarantee Inc. must be heard by the lower federal district court before the bankruptcy court may conduct its trial on the city’s proposed…more
| Bankruptcy, Civil Procedure, Finance & Banking

Documenting a Borrower’s Intent to Apply for Joint Credit under the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (“ECOA”) was signed into law by Congress in 1974. This law makes it unlawful for a creditor to discriminate against an applicant in any aspect of a credit transaction on the basis of, inter alia,…more
| Civil Rights, Finance & Banking

Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate

A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of the…more
| Bankruptcy, Civil Remedies, Finance & Banking

Eleventh Circuit Doubles Down on Lien Stripping

When the Fourth Circuit handed down its opinion in the case of In re Davis, which permitted lien stripping in “Chapter 20” proceedings, the stage was set for the Eleventh Circuit to expand debtor’s ability to escape from…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

Thoughts On Mortgagee Title Insurance Policies

Banks are, once again, making real estate secured loans in Florida. Those in the industry will undoubtedly be aware of the fact that most lenders require a mortgagee title insurance policy to insure their mortgage lien on the…more
| Finance & Banking, Insurance, Real Estate - Residential, Real Estate - Commercial

Recent Cases Support Foreclosing Lenders against Challenges to Standing

The Florida Second District Court of Appeals recently ruled on yet another challenge to a note holder’s standing to foreclose based on lack of ownership of the mortgage. In OneWest Bank, F.S.B. v. Bauer (May 30, 2014), the…more
| Civil Procedure, Constitutional Law, Finance & Banking, Real Estate - Residential

Supreme Court Clarifies Stern v. Marshall

Not even Nostradamus could have predicted the profound effect that former Playmate Vickie Lynn Marshall (a/k/a Anna Nicole Smith) would have on the landscape of U.S. bankruptcy court jurisdiction. Nevertheless, two and a half…more
| Bankruptcy, Civil Procedure, Conflict of Laws, Constitutional Law

FIRREA Protects Purchasing Banks Against Some Claims Disguised as Affirmative Defenses

As previously discussed on this blog, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) creates a mandatory administrative claims process for claims against the assets of failed financial institutions…more
| Administrative Law, Civil Procedure, Civil Remedies, Finance & Banking

Detroit Bankruptcy: The Next Step in the Grand Bargain

On Tuesday, June 2, 2014, the Michigan state senate passed a number of important bills, all of which are aimed to help lift Detroit out of its $18 billion bankruptcy. Approval by Governor Rick Snyder is all but guaranteed, as he…more
| Bankruptcy, Elections & Politics, Finance & Banking

A Grand Bargain? Detroit Defends Restructuring Plan

Over the Memorial Day weekend, while many around the country were enjoying beautiful weather, the lawyers for the city of Detroit were busy filing a lengthy defense to their proposed restructuring plan, which is slated to be…more
| Bankruptcy, Labor & Employment Law, Finance & Banking

A Lesson On What Not To Do In A § 363 Auction

For numerous corporate Chapter 11 debtors, the sale of some or all of the company’s assets may be the only way to reorganize the company’s debt. Section 363 of the Bankruptcy Code sets forth a specific procedure wherein the…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking
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Areas of Practice
  • Finance & Banking
  • Litigation
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Other U.S. Locations
  • Florida
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11-24 Attorneys

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