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HTMLWho is in Control? The Rights of Noteholders and the Discretion of the Note Trustee
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 2, 2014
The debate at the heart of U.S. Bank Trustees Limited v Titan Europe 2007-1 (NHP) Limited and others was whether a distressed property portfolio should be sold at once or retained in the hope of realising a better price. Such disputes are by no means novel, particularly in times when property...

 

HTMLEleventh Circuit Holds Consumers May Revoke “Prior Express Consent” Under the TCPA Either Orally or in Writing
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 

HTMLRos v. Lasalle Bank: Southern District of Florida Applies New Florida DCA Case Law to Dismiss Quiet Title Suit Based on Statute of Limitations Allegations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOM/VALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United States District Court to apply the holding in Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342 (Fla. 4th DCA 2014) regarding efforts...

 

HTMLSecond Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor’s RESPA claim was properly dismissed on the basis that her...

 

HTMLGeorgia Supreme Court Applies the Business Judgment Rule to Bank Officers and Directors; Decision Has Implications for Corporate Officers and Directors
Maia Cogen, Patricia A. Gorham, Gabriel A. Mendel, W. Scott Sorrels, Yvonne M. Williams-Wass; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a landmark ruling for officers and directors of Georgia’s financial institutions, the Supreme Court of Georgia held in FDIC v. Loudermilk, S14Q0454 (Ga. July 11, 2014), that officers and directors of banks are protected by the business judgment rule, which affords officers and directors a...

 

HTMLGeorgia Supreme Court Affirms Business Judgment Rule
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 16, 2014
The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...

 

HTMLThe Supreme Court Limits the President's Recess Appointment Power
John F. Cooney; Venable LLP;
Legal Alert/Article
July 23, 2014, previously published on July 11, 2014
In January 2012, President Obama made recess appointments of the first Director of the Consumer Financial Protection Bureau and two members of the National Labor Relations Board during a three day period when the Senate was in pro forma session. The Senate later confirmed Director Cordray to his...

 

HTMLMaine Supreme Court Decision Limits Scope of MERS' Ability to Assign Mortgages
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
On July 3, 2014, the Maine Supreme Judicial Court issued a ruling in Bank of America, N.A. v. Greenleaf, 2014 ME 89 (Me. July 3, 2014), significantly affecting the ability of Mortgage Electronic Registration System, Inc. (MERS) to assign mortgage rights as a "nominee" of a mortgage...

 

HTMLThe Eleventh Circuit’s Recent Decision Clarifies an Equity Receiver’s Standing to Clawback Receivership Assets Under the Florida Uniform Fraudulent Transfer Act
Gavin C. Gaukroger; Berger Singerman LLP;
Legal Alert/Article
July 21, 2014, previously published on July 17, 2014
The Eleventh Circuit’s recent opinion in Wiand v. Lee clarifies longstanding issues relating to an equity receiver’s standing to pursue clawback claims for the benefit of the receivership estate under the Florida Uniform Fraudulent Transfer Act (“FUFTA”). See Wiand v. Lee,...

 

HTMLSocial Media and Spoliation
Gabriel Ben Abba Crafton, Scott St. Amand; Rogers Towers, P.A.;
Legal Alert/Article
July 21, 2014, previously published on July 10, 2014
As we discussed in our previous post regarding the Christou case, social media is discoverable - and consequently subject to a litigation hold. From an evidentiary standpoint, social media is not without its shortcomings, and it is important to understand that social media is vulnerable to...

 


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