Dodd Frank and Seller Financing
While there has been much attention given to the wide variety of new rules and regulations imposed on lenders under Dodd-Frank, those of us not in the business of regularly making mortgage loans may...
View ArticleCondominium Association Assessments in Mortgage Foreclosure Cases
Recently, in Montreaux at Deerwood Lake Condominium Ass’n, Inc. v. Citibank, N.A., _ So. 3d _, 2014 WL 7183213 (Fla. 1st DCA Dec. 18, 2014), Florida’s First District Court of Appeal followed the Third...
View ArticleA New Case Interprets First Mortgagee’s Safe Harbor for Past Due Condominium...
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...
View ArticleThe Third District Weighs-in on the Application of the Statute of Limitation...
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...
View ArticleFlorida Foreclosure Volume Update
The Florida Bar News, in its September 15, 2014 edition, reported that Florida foreclosure volume has declined with the number of filings in the first half of 2014 about 50% of filings for the same...
View ArticleYet Another New Case On Standing to Foreclose
In July, the 2d DCA overturned a bank’s summary judgment on the grounds that the bank failed to rebut the defense of lack of standing. The frequency and similarity of these cases makes me think of the...
View ArticleA New Case On Standing to Foreclose
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...
View ArticleStanding To Foreclose– Revisited
There have been several articles posted on this blog on the subject of standing – the legal right to enforce a promissory note and/or mortgage. This continues to be a popular issue for defense counsel...
View ArticleThoughts On Mortgagee Title Insurance Policies
Banks are, once again, making real estate secured loans in Florida. Those in the industry will undoubtedly be aware of the fact that most lenders require a mortgagee title insurance policy to insure...
View ArticleAuthorized Signors of Loan Documents
One of the threshold issues to consider in loan transactions is determining who is authorized to sign the loan documents on behalf of entity borrowers. This is important not only in cases where the...
View ArticlePlaintiff Has the Burden To Prove Its Right to Enforce the Note Even If It Is...
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...
View ArticleFlorida Mortgage Foreclosure Volume Update
Following a monthly high volume of foreclosure filings from July 2008 to July 2010, there has been a significant decline in new cases through August of 2013. This information was provided by The...
View ArticleHB 87 – A Summary of Florida’s New Foreclosure Law – Part 3
In prior posts we examined several components of HB 87, the bill which became law in Florida this past summer. In this post we will review a few more aspects of the new law. The law creates statute...
View ArticleThe Status of Florida Foreclosures
The Florida Bar News, in its October 1, 2013 edition, published an article summarizing the status of Florida mortgage foreclosure cases. The current volume of cases is reportedly the lowest since 2006....
View ArticleManaging Litigation Cost - Florida's Expedited Foreclosure Procedure
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,...
View ArticleManaging Litigation Cost – Discovery and Summary Judgment Motions
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...
View ArticleRogers Towers: Authority to Endorse Note and Mortgage Not Self-Authenticating
Establishing the authority to foreclose a note and mortgage is simple when the note and mortgage are held by the original lender....By: Douglas L. Waldorf, Jr.
View ArticleRogers Towers: HB 87 – A Summary of Florida’s New Foreclosure Law – Part 2: A...
One of the new statutes created by HB 87 is 702.015. I referenced this in a prior blog post on July 11, 2013....By: Douglas L. Waldorf, Jr.
View ArticleRogers Towers: Managing Litigation Cost: Pre-Lawsuit File Review
In today’s environment, clients are more cost-conscious than ever and this is in direct conflict with the ever-increasing cost of litigation. There are, however, some common sense ways in which a case...
View ArticleRogers Towers: HB 87 – A Summary of Florida’s New Foreclosure Law – Part 1
In prior posts we analyzed the main components of HB 87, the bill introduced in the Florida legislature which proposed significant changes to certain aspects of Florida’s mortgage foreclosure...
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