Discovery of Loss-Share Payments in Litigation: Irrelevant
By: Scott J. Kennelly and Janet C. Owens In foreclosure actions based on assets of a failed bank, borrowers sometimes …
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Safe-Harbor Provisions for Association Assessments — “First Mortgagee” Must Take Title
By: Jacob Payne The Florida Statutes provide that the subsequent owner of a condo unit or home subject to a …
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Rogers Towers’ Attorneys Names 2014 Best Lawyers in America
JACKSONVILLE, Fla. (September 6, 2013) – Thirteen lawyers from Rogers Towers were recently selected by their peers for inclusion in …
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The Shell Game: Bankrupt Debtor’s Concealment of Pre-Petition Claims
Part I: The Setup: Treatment of Prepetition Causes of Action in Bankruptcy Proceedings By: J. Ellsworth Summers, Jr. and Scott …
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FDIC Loss-Share Agreements: Overview
By: Scott J. Kennelly & Janet C. Owens Once a bank’s primary regulator has determined to close a bank, the …
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Authority to Endorse Note and Mortgage Not Self-Authenticating
(This post is no longer current. The Third Circuit reversed its opinion in Bennett and held that authority is self-authenticating. …
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Enforcing a Lost Promissory Note
By: Samantha Alves Orender In Florida, it is well established that the original promissory note must be surrendered to the …
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Construction Defects: The Duty To Preserve Evidence Of The Defects
By: Amanda Parker Baggett Stop! Before you make those repairs, there are some things you should consider. Otherwise, you could …
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New York Bankruptcy Court Clears Way for McNeal Rehearing
By: J. Ellsworth Summers & Scott St. Amand The long-awaited rehearing of In re McNeal has been given the green …
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Are Delay Damages Lienable?
By: Amanda Parker Baggett The old adage “time is money” is truer perhaps in the construction industry than anywhere else. …
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