Rogers Towers: More Changes in Store for the Hud-1
Many of you will remember the sweeping revision of the venerable HUD-1 form which went into effect in 2010 as well as the hours of retraining that we all went through to understand it....By: Douglas L....
View ArticleRogers Towers: Legal Standing to Bring a Mortgage Foreclosure Lawsuit
The importance of demonstrating legal standing as a condition precedent to filing a mortgage foreclosure lawsuit cannot be overstated. In simple terms, “standing” refers to one’s legal right to bring a...
View ArticleRogers Towers: Documentary Stamp Tax: a Quick Review of the Basics
Happy new year to our blog readers! In 2013, we are all hoping for an improved economy and, with it, an increase in the volume of commercial and consumer loans. Remember that Florida has certain...
View ArticleRogers Towers: The Status of Florida Foreclosures
Recently, The Wall Street Journal published an editorial discussing the status of mortgage foreclosure litigation. The purpose of the article was to extol the alleged benefits of non-judicial...
View ArticleRogers Towers: Minimizing Delay in Owner Occupied Commercial Real Estate...
This article is an update of an article which some of our blog readers may have received by email. Based on recent experience that I have had with this statute in circuit court, I have revised the...
View ArticleRogers Towers: Residential Lending and the Ability to Repay Rule
On January 10, 2013 the Consumer Financial Protection Bureau issued a rule imposing new requirements on residential mortgage lenders. The “Ability-to-Repay” rule was created to help implement certain...
View ArticleRogers Towers: Foreclosure Strategies for Second Mortgage Holders
Lenders holding second mortgages will, assuming the first mortgage is in default, face decisions as to how to best protect their interests in the property. These questions typically come to the...
View ArticleRogers Towers: HB 87 – Florida’s Foreclosure Bill is Back
On February 7, the House Civil Justice Subcommittee voted to pass Florida’s newest bill designed to improve the efficiency of mortgage foreclosures: House Bill 87. While it is still early in the...
View ArticleRogers Towers: Transfers of Real Property for Estate Planning and Other...
I receive frequent inquiries from bank clients who are concerned because their mortgage borrower has requested permission to transfer the collateral real property to another entity. These requests...
View ArticleMunicipal Liens vs. Mortgages: Which Has Priority?
I have recently encountered several situations in which local governments are claiming, under ordinances they have enacted, that their liens and fines have “superpriority” status over existing...
View ArticleHB 87 – Florida’s Foreclosure Bill Is Back (Part 2)
In a prior post, we discussed two of the four main components of HB 87, the foreclosure reform bill presently under consideration in Florida. The remaining sections of the bill which merit...
View ArticleMagistrates to Handle Florida Residential Foreclosure Actions – Florida...
It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5...
View ArticleRogers Towers: Municipal Liens vs. Mortgages: Florida’s Supreme Court Rules...
In my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the...
View ArticleRogers Towers: Documentary Stamp Tax on Renewal Loans – A Review of the Basics
With property values slowly increasing and borrowers beginning to see the light at the end of a long recession, the demand for renewal loans is slowly building. To that end, let’s briefly review a few...
View ArticleRogers Towers: HB 87 – Florida’s Foreclosure Bill Becomes Law
In two 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...
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...
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 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: 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 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 Article
