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

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CMBS – Risky Business?

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Commercial Mortgage-Backed Securities (CMBS) loans are on the rise and many familiar with the market are concerned with the relaxed underwriting standards.  Interestingly, looser underwriting standards and increased loan volume are not the only issues.  Lenders are also encountering statutory and legislative developments that may limit recourse remedies in these loans and  the combination of… Continue Reading

Equitable Subrogation: Protecting Lien Position in a Foreclosure Action

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The doctrine of subrogation enables a party discharging another’s debt to step into the shoes of the creditor who held the discharged debt.  Subrogation plays a significant role in the mortgage context, as the concept acts as an exception to a state’s recording statute, enabling one creditor to replace another creditor and obtain the latter’s… Continue Reading

Foreclosing Lender Forced to File a Separate Action on Association Assessments

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Foreclosing mortgagees often wait until after a foreclosure judgment and certificate of title are issued to determine the extent of liability to a homeowners or condominium association for past due assessments.  But what if there is a dispute as to the amounts owed to the association after the mortgagee takes title to the property?  Can… Continue Reading

Social Media and Spoliation

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As we discussed in our previous post regarding the Christou case, social media is discoverable – and consequently subject to a litigation hold.  From an evidentiary standpoint, social media is not without its shortcomings, and it is important to understand that social media is vulnerable to irretrievable loss, through the acts of the account holder… Continue Reading

Eleventh Circuit Doubles Down on Lien Stripping

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When the Fourth Circuit handed down its opinion in the case of In re Davis,[1] which permitted lien stripping in “Chapter 20” proceedings, the stage was set for the Eleventh Circuit to expand debtor’s ability to escape from underwater junior mortgages.  Before the June 18th opinion in In re Scantling,[2] bankruptcy courts within the Eleventh… Continue Reading

Recent Cases Support Foreclosing Lenders against Challenges to Standing

Posted in Commercial Real Estate Lending, Residential Real Estate Lending, Uncategorized

The Florida Second District Court of Appeals recently ruled on yet another challenge to a note holder’s standing to foreclose based on lack of ownership of the mortgage.  In OneWest Bank, F.S.B. v. Bauer (May 30, 2014), the Florida Second District Court of Appeals held that the holder of a note had standing to foreclose,… Continue Reading

The Spoliation of Text Messages

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In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other Electronically Stored Information (“ESI”), text messages are subject to a litigation hold, and, as a consequence, if… Continue Reading

Gross Negligence Enough for Adverse Inference Instruction

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In 2003, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York issued five landmark decisions, which have since shaped the landscape of electronic discovery and document preservation. In her Zublake decisions, Judge Scheindlin held that potential litigants have an affirmative duty that requires a party anticipating litigation to refrain… Continue Reading

“Saving Everything” No Defense to Spoliation Argument

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As we discussed in our previous spoliation post, parties are required to place a litigation hold on all documents once litigation could be reasonably anticipated. Although there are certain definite “trigger events”, such as the receipt of a demand letter or the filing of a civil complaint, many courts have looked beyond these definite events… Continue Reading

Florida Bans Texting While Driving

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You may be wondering why an article about the new Florida statute banning texting while driving is being featured on a banking law blog. Admittedly, texting does not have much to do with banking, but the new law should be of interest to anyone who has ever felt the temptation to type a quick text… Continue Reading

Welcome to the Florida Banking Law Blog!

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Rogers Towers, P.A. welcomes you to its Florida Banking Law Blog! A product of the firm’s Banking and Financial Services Practice Group, the blog will serve as a convenient way for us to share our expertise in banking-related legal issues. We represent banks and other providers of financial services in a broad range of matters throughout… Continue Reading