A Troubling Interpretation: Prepetition Foreclosures as Preferential...
Authored by J. Ellsworth Summers, Jr. and Scott St. Amand of Rogers TowersAs stated in Doug Waldorf’s post below, the concept of property valuation in regards to a deficiency judgment is well...
View ArticleForeclosure Strategies for Second Mortgage Holders
Authored by Douglas L. Waldorf of Rogers TowersLenders holding second mortgages will, assuming the first mortgage is in default, face decisions as to how to best protect their interests in the...
View ArticleWhat is an Allonge?
Authored by Samantha Alves Orender of Rogers TowersGiven the importance of the allonge in establishing a bank’s standing in commercial foreclosure cases, you may be surprised that the term “allonge” is...
View ArticleGeorgia Non-Judicial Power of Sale Foreclosure – Overview of Procedures
Authored by E. Carson Lange of Rogers TowersGiven our geographic proximity, it is not uncommon for Florida banks to do business in Georgia or with clients owning property in Georgia. This geographic...
View ArticleAn Exception to the Fair Market Value Rule: Use the Foreclosure Sales Price...
Authored by Samantha Alves Orenderand M. Scott Thomas of Rogers TowersIf the value of a foreclosed property is less than the loan amount, lenders may seek a deficiency judgment from borrowers and...
View ArticleFlorida Deficiency Proceedings: Costs Recoverable Following Foreclosure
Authored by Janet C. Owens and Scott J. Kennelly and Janet C. Owens and Scott J. Kennelly of Rogers TowersFollowing a foreclosure sale, a lender may seek to obtain a deficiency judgment against the...
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