According to the Eleventh Circuit Court of Appeals, as a loan originator was collecting its own debt and not the debt of others, it did not qualify as a debt collector.

The Court explained that “a straightforward reading of the affidavit” clearly identified BOA as the servicing agent and custodian of the note and that the note holder, HSBC, was a “separate entity.”

According to a Florida court, a bank can recover its attorney’s fees and costs even from a prior unsuccessful foreclosure.

Onboarding procedures for servicer records are being closely scrutinized by the courts, and in some cases has led to criminal contempt charges.

In recent rulings, Florida courts have disagreed on what counts as liabilities for condominium assessment. An expert gives the view of both the courts and why they disagree. Editor’s Note: This article originally appeared in the SHD Legal Group’s Florida Legal Update.

A recent court ruling has provided a costly lesson to lenders on best practices related to loan defaults. Here’s what an expert had to say about the ruling.

An expert looks into the procedural requirements and benefits of striking legally insufficient defenses in litigation processes in Florida.

The Southern District of Florida (Federal Bankruptcy Court) issued a memorandum opinion addressing two debtors’ proposed chapter 13 plans, both of which included a balloon payment to their respective mortgagees in the final month of the plan. In re: Dora Benedicto, and In ...