Can a Court Appointed Receiver Sell Real Property During a Florida Mortgage...
Authored by Douglas L. Waldorf of Rogers TowersIt is relatively common in commercial mortgage foreclosure cases for the mortgagee to seek the appointment of a receiver during the pending lawsuit. If...
View ArticleDefeating Homeowner’s Association Claims for Unpaid Assessments in...
Authored by Jacob J. Payne of Rogers TowersWhen is a first mortgagee not liable for any unpaid HOA assessments that came due prior to taking title? Judging solely by the text of § 720.3085(2)(b), it...
View ArticleThe Importance of Having the Correct Appraisal Evidence When Seeking Deficiency
Authored by Douglas L. Waldorf of Rogers TowersMost of you may know that, in Florida, the standard by which a deficiency is determined in a foreclosure case is the difference between the amount owed to...
View ArticleFlorida Deficiency Proceedings: Who Can Testify as to Value of Property
Authored by Scott J. Kennelly of Rogers TowersThe central issue for a lender which seeks to obtain a monetary judgment following a foreclosure is the value of the property that was foreclosed. A...
View ArticleAppraisal Dates and Deficiency Judgments: Is Close Good Enough?
Authored by Douglas L. Waldorf of Rogers TowersIn Florida, the legal standard for a mortgagee to obtain a deficiency judgment following foreclosure is to establish the difference between the amount of...
View ArticleCreditors Who Want to Execute on a Money Judgment Need Not Foreclose First
Authored by Samantha Alves Orender of Rogers TowersIn a typical foreclosure action in Florida, a creditor forecloses the real property first, the court determines the fair market value of the property...
View ArticleFlorida Deficiency Proceedings: Effect of Bids at the Foreclosure Sale
Authored by Scott J. Kennelly of Rogers TowersDuring a deficiency proceeding, once a creditor introduces the foreclosure sale price, the borrower technically has the burden of presenting evidence to...
View ArticleFlorida Foreclosure Sales: Developing a Maximum Bid
Authored by Scott J. Kennelly of Rogers TowersA secured creditor who obtains a foreclosure judgment has the ability to “credit bid” at the foreclosure sale up to the full amount indicated in the...
View ArticleFlorida Deficiency Proceedings: Establishing the Value of the Property
Authored by Scott J. Kennelly and Janet C. Owens of Rogers TowersFollowing a foreclosure sale, a secured creditor may seek a monetary judgment for the deficiency amount that remains owed to it by the...
View ArticleHB 87 – Florida’s Foreclosure Bill is Back
Authored by Sara K. White and Douglas L. Waldorf of Rogers TowersOn February 7, the House Civil Justice Subcommittee voted to pass Florida’s newest bill designed to improve the efficiency of mortgage...
View ArticleHB 87 – Florida’s Foreclosure Bill Is Back (Part 2)
Authored by Sara K. White and Douglas L. Waldorf of Rogers TowersIn a prior post, we discussed two of the four main components of HB 87, the foreclosure reform bill presently under consideration in...
View ArticleMagistrates to Handle Florida Residential Foreclosure Actions – Florida...
Authored by Scott St. Amand and Douglas L. Waldorf, Jr. of Rogers TowersIt is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential...
View ArticleHB 87 – Florida’s Foreclosure Bill Becomes Law
Authored by Douglas L. Waldorf, Jr. of Rogers TowersIn two prior posts, we analyzed the main components of HB 87, the bill introduced in the Florida legislature which proposed significant changes to...
View ArticleHB 87 – A Summary of Florida’s New Foreclosure Law – Part 1
Authored by Douglas L. Waldorf, Jr. of Rogers TowersIn prior posts we analyzed the main components of HB 87, the bill introduced in the Florida legislature which proposed significant changes to certain...
View ArticleThe Perils of Post-Judgment Pre-Sale Modifications
Authored by M. Scott Thomas and Samantha Alves Orender of Rogers TowersA reasonable workout often remains the prudent choice for defaulted commercial real estate loans even in the context of a pending...
View ArticleAuthority to Endorse Note and Mortgage Not Self-Authenticating
Authored by Douglas L. Waldorf, Jr. and Scott St. Amand of Rogers TowersEstablishing the authority to foreclose a note and mortgage is simple when the note and mortgage are held by the original lender....
View ArticleThe Status of Florida Foreclosures
Authored by Douglas L. Waldorf, Jr. of Rogers TowersThe Florida Bar News, in its October 1, 2013 edition, published an article summarizing the status of Florida mortgage foreclosure cases. The current...
View ArticleHB 87 – A Summary of Florida’s New Foreclosure Law – Part 3
Authored by Douglas L. Waldorf, Jr. of Rogers TowersIn 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...
View ArticleFlorida Mortgage Foreclosure Volume Update
Authored by Douglas L. Waldorf, Jr. of Rogers TowersFollowing a monthly high volume of foreclosure filings from July 2008 to July 2010, there has been a significant decline in new cases through August...
View ArticleQuestion Certified to the Florida Supreme Court: Can Lenders Cure Standing...
Authored by Scott J. Kennelly and Janet C. Owens of Rogers TowersEstablishing standing—the legal basis of a plaintiff’s right to bring suit—to enforce a promissory note is a critical aspect of any...
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