Rogers Towers

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

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

Florida May Create New License for Structural Engineers

New legislation may soon create a separate structural engineering license in the State of Florida. The move toward structural licensure is well underway due to House Bill 217 and Senate Bill 338. Under the proposed legislation,…more
| Construction Law

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

Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years

On January 22, 2015, Representative Jay Fant introduced House Bill 501, a bill aimed at reducing the current statute of repose for construction-related claims from 10 years to 7 years. Florida’s statute of limitations and…more
| Civil Procedure, Construction Law

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

Florida’s Public Records Law: What Your Private Company Should Know

Does your private company contract with government agencies? If so, your company may have records that must be disclosed to the public under Florida’s Public Records Law. Florida’s Public Records Law can be found in Chapter 119…more
| Administrative Law, Construction Law, Government Contracting

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

Appellate Court Reverses Jury Award To Golf Course Contractor

The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community…more
| Civil Remedies, Construction Law, Real Estate - Commercial

Marriage Equality and The Equal Credit Opportunity Act

On January 1, 2015, United States District Judge Hinkle issued an Order ruling that all Florida counties are to start issuing marriage licenses to same-sex couples as of January 6, 2015. The implications of this ruling are…more
| Civil Rights, Finance & Banking, Consumer Protection, Family Law
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