IBERIABANK v. Beneva
By: Scott J. Kennelly and Jacy C. Owens When an institution acquires a failed bank from the FDIC as Receiver …
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Documentary Stamp Taxes: Enforcing a Promissory Note and Mortgage Prior to Payment
By: Edward L. Kelly While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject …
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Ms. McNeal Goes to Washington
For those of you who have followed our blog since its inception, you will know that one of our most …
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Where, Oh Where, Can My Lawsuit be Filed?
By: E. Carson Lange When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that …
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Authenticating Loan Records From Prior Lenders
By: Adam B. Brandon In special assets litigation, a bank offers into evidence its own loan records as well as …
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The Third District Weighs-in on the Application of the Statute of Limitation Defense to Mortgage Foreclosures
Who would have imagined that a dismissal with prejudice would be better for a lender than a dismissal without prejudice? …
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Choosing Your Defense Counsel Before a Claim Ever Arises
If your company has ever been sued, then you know how important it is to have qualified and experienced counsel …
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Florida Deficiency Proceedings: Costs Recoverable Following Foreclosure
By: Scott J. Kennelly and Jacy Owens Following a foreclosure sale, a lender may seek to obtain a deficiency judgment …
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Florida Supreme Court Limits Application of Statute of Limitations
By: E. Carson Lange A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded …
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Garnishment in Florida: Serving Writs of Garnishment on Third Party Bank Accounts
By: Edward L. Kelly and Karl R. Gruss In a previous article, we provided an overview of the basic procedures …
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