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Florida Banking Law Blog Legal developments impacting banking, finance and loan enforcement in Florida

Douglas L. Waldorf, Jr.

Douglas Waldorf manages the firm's offices in Southwest Florida. He is a member of Rogers Towers' Banking and Financial Services Practice Group and its Real Estate Department. A Florida Bar Board Certified Real Estate Attorney, Mr. Waldorf's practice focuses on serving banking industry clients in all aspects of commercial and residential financing transactions as well as in mortgage foreclosures, deeds in lieu of foreclosure, forbearance agreements and other matters related to defaulted loan workouts and collection.

Posts by Douglas L. Waldorf, Jr.

Landlord Lien Waivers and Tenant Subordinations Explained

Posted in Commercial Lending

Commercial loan structures frequently call for either landlord lien waivers or tenant subordination agreements. In a situation where the collateral is real property that is already subject to a leasehold interest, the proper document will be a tenant subordination agreement. This document will contractually alter the priority of the interests in the collateral real property…. Continue Reading

FLORIDA TITLE INSURANCE PREMIUM DISCLOSURE AND TRID

Posted in Commercial Lending, Residential Real Estate Lending

October is here and so are the new TILA-RESPA Integrated Disclosure rules or TRID, for short. One aspect of the new rules is the disclosure of title insurance premiums in consumer real estate transactions. The new federal law will require that lender’s title insurance policies be disclosed at the full premium. In Florida, though, the… Continue Reading

LENDING TO GROWERS OF FARM PRODUCTS

Posted in Commercial Lending

Florida is a state with plenty of agribusiness and lenders frequently consider commercial loans to growers of farm products with the products themselves as collateral. Farm products are not “goods” under the UCC definition and they are subject to some unique rules effecting a lender’s ability to perfect a lien on them. In that regard,… Continue Reading

FINANCING FOR COMMUNITY DEVELOPMENT DISTRICTS

Posted in Public Finance/Bond

Florida law has permitted the creation of community development districts or “CDDs” since 1980. According to the Florida Department of Economic Opportunity there are presently 593 active community development districts that have been established within the state. These CDDs qualify as governmental bodies in that they are local units of special purpose government that perform… Continue Reading

A New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium Assessments

Posted in Residential Foreclosure

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 original mortgage provided the association is named as a defendant in the lawsuit. Although the term “first mortgagee” is not… Continue Reading

The Third District Weighs-in on the Application of the Statute of Limitation Defense to Mortgage Foreclosures

Posted in Residential Foreclosure

Who would have imagined that a dismissal with prejudice would be better for a lender than a dismissal without prejudice? It is counterintuitive to say the least, but when it comes to the application of the statute of limitations defense raised in a subsequent foreclosure action, it seems that lenders (at least in the Third… Continue Reading

A New Case On Standing to Foreclose

Posted in Banking Operations

Legal standing to foreclose a note and mortgage continues to be an issue that frustrates plaintiffs and delights defense counsel.  Florida courts have consistently held that standing must exist when the lawsuit is filed and the lack of standing cannot be “cured” absent a dismissal and refiling of the case.  At a minimum this adds… Continue Reading

Plaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is Not Challenged By the Defendant In Its Pleadings

Posted in Residential Foreclosure

The legal right to enforce, by judicial proceeding, a promissory note and mortgage is referred to as “standing”.  This has been a hot topic in Florida foreclosure cases with courts holding that standing must exist when the suit is filed and, if it does not, the lack of standing is a defect that cannot be… Continue Reading

Managing Litigation Cost – Florida’s Expedited Foreclosure Procedure

Posted in Debt and Judgment Collection, Loan Workouts, Special Assets Litigation

This article is the final article of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss Florida’s show cause procedure as a means of expediting mortgage foreclosure cases and therefore reducing cost. On average, a Florida… Continue Reading

Managing Litigation Cost – Discovery and Summary Judgment Motions

Posted in Debt and Judgment Collection, Loan Workouts, Special Assets Litigation

This article is the second of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss the impact of the discovery process and summary judgment motions on litigation cost. The discovery process can be a very expensive… Continue Reading

Authority to Endorse Note and Mortgage Not Self-Authenticating

Posted in Banking Operations, Debt and Judgment Collection

This post is no longer current.  The Third Circuit reversed its opinion in Bennett and held that authority is self-authenticating.  For more on the revised opinion, please see our updated post. Establishing the authority to foreclose a note and mortgage is simple when the note and mortgage are held by the original lender. In today’s… Continue Reading

HB 87 – A Summary of Florida’s New Foreclosure Law – Part 2: A Closer Look at F.S. 702.015

Posted in Residential Foreclosure, Special Assets Litigation

One of the new statutes created by HB 87 is 702.015. I referenced this in a prior blog post on July 11, 2013. In reviewing the statute in detail, I find it somewhat unclear as to whether the statute applies only to residential foreclosures or to both residential and commercial foreclosures, depending upon which section… Continue Reading