SCOTUS: Debtor Entitled to Chapter 13 Conversion Leftovers
The U.S. Supreme Court has resolved a circuit split by answering the question; what happens to post-petition wages held by …
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Mortgage Default Letters: R.I.P. Paragraph Twenty Two…Borrowers Will Miss You
In residential foreclosures, a notice of default letter, commonly found in paragraph 22 of most mortgages is a condition precedent …
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Rogers Towers Adds to Its List of Experts – 05/2015
JACKSONVILLE, Fla.: Rogers Towers Shareholder, Cristine M. Russell , has achieved Board Certification in Appellate Practice from The Florida Bar. …
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Can a Debtor Satisfy a Claim Merely by Writing Satisfied on a Payment?
By Timothy D. Hedrick and Mark S. Mitchell Questions sometimes arise from creditors regarding the effect of a debtor sending …
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Florida Court Rules Technical Admissions Cannot Overcome Facts Already in the Record
By Adam B. Brandon Under Rule 1.370, Florida Rules of Civil Procedure, a party may serve a written request that …
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Note versus Mortgage: Who leads the dance?
Earlier this month, Florida’s Fourth District Court of Appeal released an opinion seemingly designed to serve as a primer on …
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Banking Fees Are Now The Norm – Find Out Why
By: Edward L. Kelly Your client, an individual, walks into Friendly Bank and presents for payment a check in the …
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Depositions: “Invoking the Rule” To Exclude Persons From Attending Depositions
By: Scott J. Kennelly and Jacy C. Owens Section 90.616, Florida Statutes, sets forth the procedure for excluding certain witnesses …
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Appealing Real Estate Taxes in Florida
As the old saying goes, there are two certainties in life: death and taxes. For commercial real estate owners and …
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The Inadvertent Error Defense to Violations of the Equal Credit Opportunity Act
The Equal Credit Opportunity Act (the “ECOA”) prohibits creditors from discriminating against credit applicants based on race, religion, sex, national …
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