Tag Archives: Banking and Lender Liability Law

Florida’s Banking Statutes of Frauds § 687.0304 Weeds Out Borrower Claims Based On Oral Agreements

Florida’s Banking Statutes of Frauds was enacted in order to curb a 1980s trend of increasing lender liability lawsuits. The enactment of this statute makes it difficult for plaintiffs to maintain tort-based claims that might otherwise flow from the written … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

The Fair Credit Reporting Act

This article provides a high level overview of the The Fair Credit Reporting Act, including its statutory authority and the goals of the Act.  The article examines what steps a furnisher of information, like a bank, credit union, or credit … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Can A Bank Issue A Loan Secured By Its Own Stock?

On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida … Read Full Post

CATEGORY: Florida Business Litigation Blog, Florida Commercial Real Estate And Land Use Law Blog Practice Areas: ,

Do OCC Guidelines And Regulations Governing The Conduct Of Banks In Loan Participation Transactions Impose An Obligation Upon The Purchasing Bank To Conduct An Independent Credit Analysis Of The Borrower?

As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Mortgage And Note Default: Avoiding Usury Allegations

Under Florida law, there are maximum interest rates that lenders may charge. Any loan with interest in excess of the specified limit is subject to either civil or criminal usury, which means that the lender may have to pay significant … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Are Actual Fraudulent Transfer Judgments Dischargeable In Bankruptcy?

While bankruptcy proceedings generally allow individuals an opportunity to discharge many different liabilities, there are some classes of liabilities—such as those involving fraud—that are not dischargeable in bankruptcy.  The Bankruptcy Code (“Code”) prohibits the discharge of “any debt . . . for money, property, … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , ,

Fraudulent Transfers 101: What You Need To Know When Following The Money Trail

The debt collection process is based upon a creditor’s right to repayment from the liquidation of a debtor’s assets.  In Florida, there are many judicial procedures available, which allow creditors to identify, seize, lien, levy and force the sale of … Read Full Post

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Collections Law: Necessary Steps To Perfect And Collect The Judgment

Congratulations! The court has ruled in your favor and awarded a favorable judgment. However, there is no contact with the defendant and it’s not clear what assets are in play. Therefore, you need an effective plan on how to aggressively … Read Full Post

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The Bankruptcy Code: The Automatic Stay – How It Impacts Debtors, Creditors and Trustees

What happens when a debtor is granted an automatic stay in bankruptcy court? Essentially, it halts creditors and potential creditors from trying to collect pre-bankruptcy debts. However, there are exceptions which may be relevant to your case. This video presentation … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: , , ,

Your Guide To The Construction Project Payment Process, Including Retainage

Construction projects at their foundation are no different than any other businesses. Cash is king. Therefore, those who control the cash, often control the process. As a result, lenders and owners have major advantages in negotiation with a certified contractor. … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,