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What Does Florida’s New Summary Judgment Standard Mean For Lenders in Borrower Default Cases?

August 12, 2021 Banking & Financial Services Industry Legal Blog

Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. How Does Florida’s New Summary Judgment Standard Differ From […]

Properly Evaluating and Defending Class Action Complaints

July 21, 2021 Banking & Financial Services Industry Legal Blog

Class action complaints are not a novel concept. Nevertheless, there appears to be an increase in class action complaints alleging violations of consumer protection laws such as Fair Debt Collection Practices Act (FDCPA), Florida’s Consumer Collections Practices Act (FCCPA), Fair Credit Reporting Act (FCRA), or Telephone Consumer Protection Act (TCPA). […]

Payments During Foreclosure: Requesting Payment, Show Cause Hearing, Payment Terms, and Eligibility

May 21, 2021 Banking & Financial Services Industry Legal Blog

Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. The rules and procedure for obtaining payments are provided in Section 702.10(2), Florida Statutes. Lenders must pay careful attention to this Florida Statute to ensure they preserve […]

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