Rogers Towers

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Scott St. Amand

Detroit Bankruptcy Update: Plan of Adjustment Filed, Trial Set

Under the Chapter 9 Plan of Adjustment filed on Friday of last week, Detroit Emergency Manager Kevyn Orr urged retirees to vote on a quick exit from bankruptcy by offering smaller-than-expected pension cuts. For non-uniformed…more

Chapter 9, Detroit, Municipal Bankruptcy

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F. Eugene Atwood

Rogers Towers: Florida’s Construction Lien Act: Who Is a Lienor?

We hear this term, lienor, but it is often misunderstood. One does not have to record a Claim of Lien to be a lienor. The Act provides that anyone who has the right to file a Construction lien is a lienor…more

Construction Liens, Contractors, Liens, Subcontractors

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Amanda Baggett

Rogers Towers: Construction Defects: The Duty To Preserve Evidence Of The Defects

Stop! Before you make those repairs, there are some things you should consider. Otherwise, you could find yourself down the road facing claims that your repairs destroyed evidence of the defects…more

Construction Defects, Evidence, Liability, Property Damage, Repairs

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Adam Brandon

"Substantial Compliance" With Notice Requirements Not Enough

Florida’s Fifth District Court of Appeal recently emphasized the need for lenders to strictly comply with the notice requirements of a mortgage prior to foreclosure. In Samaroo v. Wells Fargo, the borrower appealed the circuit…more

Foreclosure, Lenders, Mortgages, Notice Requirements, Wells Fargo

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Gabriel Crafton

Guarantors Are Liable For Renewal Promissory Notes Executed Without Notice or Consent Even After Revoking Guaranty

Promissory notes are often renewed and extended without the express written consent of, or even notice to, the guarantors of the note. A guarantor, faced with changing circumstances and wishing to cut off his liability under a…more

Guarantors, Promissory Notes

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Michael Dewberry

Issues of Agency in Garnishment Procedures

It is well established that after a judgment of default, a creditor may serve a writ of garnishment upon the debtor’s employer to collect the unpaid principal and interest of the underlying loan from the employee’s monthly…more

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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

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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

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Timothy Hedrick

Rogers Towers: Fair Debt Collection Practices Act (FDCPA): Ceasing Communications with a Debtor's Attorney?

The Fair Debt Collection Practices Act (FDCPA) gives a debtor the right to notify a debt collector that he or she wishes the debt collector to cease communication with respect to the debt, with some exceptions…more

Debt, Debt Collection, Debt Collectors, Debtors, FDCPA

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Edward L. Kelly

New Ruling Permits Lenders to Require Flood Insurance Coverage in Excess of Loan Amount

Recent events have been highlighted in the press, regarding the redrawing of federal flood hazard maps and proposed increases in premium rates for flood insurance for property owners within special flood hazard zones, which may…more

Excess Policies, Flood Insurance, Lenders

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Scott J. Kennelly

Claims Against Failed Banks Must Go Through the FDIC’s Administrative Claims Process

As described in a previous post, the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”) requires that anyone with a claim against a failed bank must file a claim with the FDIC within 90 days of being…more

Banks, Claims Procedures, FDIC, FIRREA, Fleet Credit

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E. Carson Lange

Guarantors Are Liable For Renewal Promissory Notes Executed Without Notice or Consent Even After Revoking Guaranty

Promissory notes are often renewed and extended without the express written consent of, or even notice to, the guarantors of the note. A guarantor, faced with changing circumstances and wishing to cut off his liability under a…more

Guarantors, Promissory Notes

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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

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G. Kenneth Norrie

Rogers Towers: U.S. Construction, and Legal, Opportunities in Libya

Stepping off a plane in Tripoli at 6 am on September 12, 2012, Libya did not seem to be much of a prospect for American or other Western business opportunities, let alone construction or legal work, which I was there to further…more

Construction Contracts, Construction Site, Economic Development, Middle East

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Susan Novak

Rogers Towers: Usury in Florida: Using the 365/360 Method to Calculate Interest

Many lending institutions use the 365/360 method of calculating interest on their loans. This method involves applying the ratio of the annual interest over a year of 360 days, multiplied by the outstanding principal balance,…more

Interest Rates, Lenders, Lending, Principal Balance, Usury

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Armando Nozzolillo

Eleventh Circuit Holds Replacement Value - Applies to Surrender of Collateral in Chapter 13 Plan

On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, which will have a major impact on how Chapter 7 and 13 debtors are able to treat claims of secured creditors. The issue in In re Brown, 13-13013, 2014 WL…more

Chapter 13, Commercial Bankruptcy

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Samantha Alves Orender

An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser

If the value of a foreclosed property is less than the loan amount, lenders may seek a deficiency judgment from borrowers and guarantors after the foreclosure sale. In most cases, the lender is the sole bidder at the sale and…more

Deficiency Judgments, Fair Market Value, Foreclosure, Mortgages

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Janet C. Owens

Satisfaction of Judgments

In previous posts, we have given an overview of judgment liens, including what must be included in the underlying judgment, and have described how to obtain judgment liens on real property and personal property. If a creditor…more

Judgment Liens, Liens

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Scott Padgett

Rogers Towers: Florida House Bill 909 (2013): A Sigh of Relief for Water Mitigation Contractors and Restoration Companies

This past spring, the insurance and banking lobbies created quite a stir in the water and fire damage mitigation and restoration industry…more

Contractors, Lobbying, Property Damage, Rehabilitation and Restoration Plans

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Jacob J. Payne

Caveat Charities: Disgorging Donations as Fraudulent Transfers

The Bankruptcy Code permits a trustee to avoid transfers of property that a debtor has made within two years prior to its bankruptcy filing. In 1998, Congress added a safe-harbor provision for contributions to qualified…more

Charitable Donations, Consumer Bankruptcy, Disgorgement, Fraudulent Transfers, Religious Institutions

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J. Ellsworth Summers, Jr.

Eleventh Circuit Holds Replacement Value - Applies to Surrender of Collateral in Chapter 13 Plan

On March 27, 2014, the Eleventh Circuit (the “Court”) issued a ruling, which will have a major impact on how Chapter 7 and 13 debtors are able to treat claims of secured creditors. The issue in In re Brown, 13-13013, 2014 WL…more

Chapter 13, Commercial Bankruptcy

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M. Scott Thomas

An Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price for a Deficiency after a Third Party Purchaser

If the value of a foreclosed property is less than the loan amount, lenders may seek a deficiency judgment from borrowers and guarantors after the foreclosure sale. In most cases, the lender is the sole bidder at the sale and…more

Deficiency Judgments, Fair Market Value, Foreclosure, Mortgages

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Douglas L. Waldorf, Jr.

Florida Mortgage Foreclosure Volume Update

Following a monthly high volume of foreclosure filings from July 2008 to July 2010, there has been a significant decline in new cases through August of 2013. This information was provided by The Florida Bar News in its November…more

Foreclosure, Mortgages

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Sara White

Rogers Towers: Amendment to UCC Filing Requirements

Florida’s Uniform Commercial Code was subject to some recent changes and revisions which became effective on July 1, 2013. One change in particular was to Florida Statute § 679.5 16 which governs the UCC filing requirements in…more

Financial Restatements, New Legislation, Proposed Amendments, UCC

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