Florida’s appellate courts continue to address the sufficiency of evidence in mortgage foreclosure cases. This week, the Fourth District Court of Appeal provided guidance to lenders for properly establishing interest
Continue Reading A Ruling That Will Be of Interest to Lenders: Don’t Forget to Present Evidence of the Amount of Interest
Standing to Foreclose: Think About the Place Where Your Note’s Been
Standing in foreclosure cases continues to be a hot issue in Florida’s appellate courts. It seems like a week doesn’t go by without an opinion that reminds lenders what they
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No Foreclosure Summary Judgment Without Refuting “Notice and Opportunity to Cure” Defense: Remember to “Say it Ain’t So”
P2P Leader Lending Club’s CEO Resigns: We’ve Seen the Last of Good King Renauld
The emerging Peer to Peer lending industry suffered a major shake-up this week, with Renaud Laplanche’s resignation as CEO of Lending Club. Lending Club’s founder resigned due to a “violation
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Florida’s Banking Statute of Frauds: You’d Better [Have the Lender] Sign It
How does a bank defend against a claim that it failed to comply with an oral agreement to make a loan? Lenders in Florida are protected against such “he said,
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Court’s Inherent Authority to Deem Motions Abandoned: Even the Non-Prevailing Party Gets Lucky Sometimes
HSBC Bank avoided a potential attorney’s fee judgment when the trial judge deemed abandoned a borrower’s post-dismissal motion for costs and attorneys’ fees. In an opinion released this morning, Florida’s
Continue Reading Court’s Inherent Authority to Deem Motions Abandoned: Even the Non-Prevailing Party Gets Lucky Sometimes
Foreclosure Standing – Another Evidentiary Trap for the Unwary Lender
It looks like standing is the flavor of the month in foreclosure defense and the issue that lenders need to make sure that they are addressing at trial. Two recent
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Beauvais Reversed – Statute of Limitations Does Not Bar Subsequent Foreclosure Action on Later Default
In a highly anticipated ruling, after rehearing en banc, Florida’s Third District Court of Appeal reversed its prior ruling in Deutsche Bank Trust Co. America v. Beauvais, 40
Continue Reading Beauvais Reversed – Statute of Limitations Does Not Bar Subsequent Foreclosure Action on Later Default
CFPB’s Constitutionality Questioned by D.C. Circuit Court in PHH Case
The Consumer Financial Protection Bureau is in the midst of what many see as its most serious challenge to date. After a CFPB administrative law judge fined PHH Corp. $6
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Supreme Court Divided in Hawkins on Whether “Guarantor” is an “Applicant” Under ECOA
In the first of what may be many 4-4 split decisions following the death of Justice Antonin Scalia, the U.S. Supreme Court issued its opinion in Hawkins v. Community Bank