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Florida Court Withdraws Beauvais and Issues Two New Statute of Limitations Decisions

April 14 2016 On April 13, 2016, Florida's Third District Court of Appeal issued two significant statute of limitations decisions concerning mortgage foreclosure…

Fighting Attorney Fee Demands for Dismissals in Florida

June 1 2016 “To the victor belong the spoils” is a famous quote from New York Senator William L. Marcy made after his victory in the 1828 election. It has been a…

Recovering Bankruptcy Attorneys Fees and Guide to Filing Notice of Post-Petition Mortgage Fees, Costs, & Expenses

May 24 2019 It is hard to deny the growing sense of uncertainty that has developed since 2011 when the Bankruptcy Rules were amended to add Rule 3002.1 which…

What is the Difference Between Direct Lending and Indirect Lending?

April 9 2019 Some of our readers have asked for an explanation of the differences between the terms “direct lending” and “indirect lending,” and where does an…

Is the Florida statute of limitations issue a thing of the past?

November 10 2015 All indications point to yes; but it is wise to heed the old adage that you should "never count your chickens before they hatch". The Florida Supreme…

BACK TO BASICS, Continued—Safeguarding Consumer Information, Again

July 8 2020 I frequently write about a creditor’s duty to safeguard customer information. See for example, here and here. This is an important duty that arises…

Wizard of OZ

July 2 2020 With the stock market’s recent rally, some of us have capital gains that we will generate if we sell shares. Given the volatility of the market, many…

BACK TO BASICS, Continued—Equal Credit Opportunity Again!

June 30 2020 The requirements of the Equal Credit Opportunity Act (ECOA) and its enforcing Regulation B are pretty well known. After all, the ECOA is one of the…

Two New IRS Notices Provide Expanded Guidance on Retirement Plan Assets Under the CARES Act

June 29 2020 At the end of March 2020, we wrote a blog about the impact of the then recently passed CARES Act on retirement assets. Since the enactment of CARES…

IRS Announces Settlement Initiative for Syndicated Conservation Easement Cases Pending in Tax Court

June 24 2020 On June 25, 2020, the Internal Revenue Service announced a settlement initiative available to certain taxpayers with pending Tax Court cases involving…