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Attorney	Latest Publications
Scott St. Amand	Magistrates to Handle Florida Residential Foreclosure Actions – Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have…more	See All Updates »
Aristides "Kico" Diaz	Rogers Towers: Post-Judgment Recovery of Attorney’s Fees and Costs One of the issues faced by a judgment creditor in pursuing collection of the judgment is the amount of attorney’s fees and costs that will be incurred in the collection efforts. They can be substantial and are generally not…more Attorney's Fees, Judgment Creditors, Judgment Debtors, Legal Costs	See All Updates »
Wyman Duggan	Rogers Towers: City Approves Partial Mobility Fee Waiver The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development) and…more Building Permits, Fees, Local Ordinance, Real Estate Development, Waivers	See All Updates »
Edward L. Kelly	Roger Towers: A Lender’s Right to Set Off Against an Account Under Florida common law, a bank may set off the balance of an obligation owed to it by its depositor (e.g., a loan) against a general deposit made by the depositor (e.g., the balance of a checking or savings account) which has…more Set Off	See All Updates »
Scott J. Kennelly	Rogers Towers: Usury in Florida: Intent is Key Usury under Florida law is largely a matter of intent. It is not fully determined by the fact that the lender actually received more than law permits but by the existence of a corrupt purpose in the lender’s mind to charge more…more Bad Faith, Interest Rates, Lenders, Loan Documentation, Loans	See All Updates »
Richard Maguire	Rogers Towers: Impact of the Reorganization of the Jacksonville DEP Office Located in Jacksonville, the Northeast District Office of the Florida Department of Environmental Protection (“DEP”) will soon change its organizational structure to be consistent with the other DEP district offices and provide…more Department of Environmental Protection, Reorganizations	See All Updates »
Susan Novak	Rogers Towers: Usury in Florida: Intent is Key Usury under Florida law is largely a matter of intent. It is not fully determined by the fact that the lender actually received more than law permits but by the existence of a corrupt purpose in the lender’s mind to charge more…more Bad Faith, Interest Rates, Lenders, Loan Documentation, Loans	See All Updates »
Janet C. Owens	Rogers Towers: Florida Deficiency Proceedings: Establishing the Value of the Property Following a foreclosure sale, a secured creditor may seek a monetary judgment for the deficiency amount that remains owed to it by the borrower. If the creditor was the successful bidder at the foreclosure sale, it has the…more Broker Price Opinions, Deficiency Judgments, Fair Market Value, Foreclosure, Secured Creditors	See All Updates »
Jacob J. Payne	Rogers Towers: Radlax Can a Chapter 11 debtor propose a plan to sell a lender’s collateral free and clear of the lender’s lien without allowing the lender to credit bid? The Supreme Court says “no”—unless there’s cause…more Chapter 11, Collateral, Credit Bids, Lenders, Liens	See All Updates »
J. Ellsworth Summers, Jr.	Rogers Towers: What can Twinkies and Beer Teach Investors about Purchasing the Assets of an Insolvent Corporation? When Hostess announced last November that it would be shutting the doors to its factories, spooked by the news and likely addled by decades of cream filling, hoarders of Ho-Ho’s scurried to buy every brand name snack cake they…more 363 Sales, Asset Purchaser, Hostess, Insolvency	See All Updates »
Douglas L. Waldorf, Jr.	Rogers Towers: Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules on Superpriority Issue In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought to…more Liens, Local Ordinance, Mortgages, Municipalities, Property Tax	See All Updates »
Sara White	HB 87 – Florida’s Foreclosure Bill Is Back (Part 2) In a prior post, we discussed two of the four main components of HB 87, the foreclosure reform bill presently under consideration in Florida. The remaining sections of the bill which merit consideration involve a revised “show…more Foreclosure, Mortgages, Order to Show Cause, Proposed Legislation	See All Updates »

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