This is the first alert in a series of Bradley installments on privacy issues that may arise during the current COVID-19 pandemic. This first installment focuses on disclosure of personally identifiable health information...more
While businesses and consumers were all agog to see the latest variation of the California Consumer Privacy Act passed earlier this year, Canada quietly introduced its latest permutation to the Personal Information Protection...more
Over the last few years, financial institutions have been forced to modify their policies and procedures to ensure that they are able to demonstrate compliance with notice provisions contained in residential mortgages prior...more
UPDATE: On rehearing, the appellate court held that all liens placed on property between a final judgment of foreclosure and judicial sale are discharged by Florida statute. Specifically, the court recognized that the sale...more
In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more
11/11/2016
/ Borrowers ,
Debt Collection ,
FCCPA ,
Jury Trial ,
Jury Waivers ,
Loan Servicer ,
Mortgages ,
Motion To Strike ,
Privity of Contract ,
TCPA ,
Unenforceable Contract Terms
The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and...more
In a recent decision issued by the Fourth District Court of Appeal, the court held that while a lis pendens may discharge liens that exist prior to entry of a final judgment of foreclosure, it does not affect those that...more