Rogers Towers - Florida Banking Law

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

  • 904.398.3911
  • 904.396.0663

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

The Business Records Exception to the Hearsay Rule

When a bank assigns a mortgage to another bank, the assignor typically provides a loan payment history to the assignee as part of the transfer. If the assignee later brings suit to foreclose the mortgage, it is typical to seek…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Applicability of the Automatic Stay to Serial Chapter 13 Petition Filers

Ordinarily, when a debtor files a chapter 13 bankruptcy petition, the automatic stay is triggered immediately. The stay prohibits lenders from pursuing any claim against the debtor unless they seek and are provided relief from…more
| Bankruptcy, Finance & Banking

Authorized Signors of Loan Documents

One of the threshold issues to consider in loan transactions is determining who is authorized to sign the loan documents on behalf of entity borrowers. This is important not only in cases where the entity is the borrower but…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking
Showing 1-15 of 74 Results
|
View per page
Page: of 5
Areas of Practice
  • Finance & Banking
  • Litigation
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

11-24 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.