Author Archives: Sarah Lindquist Pape

About Sarah Lindquist Pape

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Phone: 407-563-4335
Fax: 407-425-2747

My practice includes the representation of financial institutions, banks, insurance companies, business owners and other corporate clients. I have a growing and focused practice dedicated to helping financial institutions navigate the complex and expanding area of government regulation and compliance with federal and state laws. This includes working with financial institutions to prepare best practices policies, procedures, and forms, as well as advising financial institutions as to avoiding litigation. When necessary, I will also represent those same institutions in court. I enjoy keeping current with the news and issues that affect banks and financial institutions in their business, and sharing that information along with my thoughts on the issue from a legal perspective based upon my experience.

My firm, Zimmerman, Kiser, & Sutcliffe, P.A.* is a full-service law firm located in Orlando, Florida. Established in 1984 and consistently recognized as one of the largest firms in Central Florida, our firm maintains a respected reputation within the southeast U.S. business and legal community. Our more than 30 attorneys provide comprehensive legal representation in an extensive range of practice areas including corporate, tax, real estate, litigation, banking and financial institutions, structured finance, bankruptcy & creditors’ rights, estate planning & probate, and workers’ compensation.

Supreme Court to Hear Oral Argument on Banking Case

Back in April of this year, I posted about the United States Supreme Court taking up review of a banking law case involving the Equal Credit Opportunity Act. At the time, we knew that the USSC would likely hear oral … Continue reading

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Are Guarantors Applicants under ECOA?: The United States Supreme Court Will Decide This Issue.

The United States Supreme Court recently accepted Certiorari review of a case from the 8th Circuit Court of Appeals involving whether a bank’s requirement that spouses execute commercial guaranties violates the protections of the Equal Credit Opportunity Act (ECOA). It’s … Continue reading

Posted in Consumer Finance, Equal Credit, Fair Lending, Regulation B | Leave a comment

Contacting Represented Borrowers-Florida’s Consumer Protection Practices Act

Lenders who operate in Florida should already know that they are subject to consumer protection laws that are broader than the Federal counterpart. Under the current Federal Fair Debt Collection Practices Act (FDCPA), creditors are not considered debt collectors and are … Continue reading

Posted in Collection Practices, Creditor's Rights | Leave a comment

Subordinate Lienholder Rights to Excess Proceeds From a Foreclosure Sale (Don’t Lose Them!)

Did you know that if you hold a subordinate lien on real property that you have a right to receive any excess proceeds from a foreclosure sale in a foreclosure action brought by the first lienholder? Did you also know … Continue reading

Posted in Banking and Finance, Creditor's Rights, Foreclosure | Leave a comment

Know Your Loan Modifications: A Caution Under the Florida Consumer Collection Practices Act

A recent decision by the Florida Second District Court of Appeal spotlights the importance of a lender keeping its loan system up-to-date as to loan modifications and forbearance agreements so that erroneous default notices are not automatically generated and sent … Continue reading

Posted in Collection Practices, Creditor's Rights | Leave a comment

Mortgage Modification Mediation in Bankruptcy

The Bankruptcy Court for the Middle District of Florida has recently adopted a uniform Mortgage Modification Mediation (MMM) process that applies to all debtors in all chapters of bankruptcy, for any type of real property. The new MMM is effective … Continue reading

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Dismissal of a Foreclosure Lawsuit and Attorneys Fees Awards for Defendants

Did you know that if a lender voluntarily dismisses a foreclosure lawsuit, it could open up the lender to a claim for attorneys fees by the defendant borrower? Although this is not necessarily a new legal principle, the Florida Second … Continue reading

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A Caution Regarding Association Assessments in Foreclosure Judgments

Today I have a post that comes from my review of recent opinions published by the Florida Courts on lender issues. Often times in a foreclosure action there is an association (homeowners, condominium, or otherwise) named as a defendant because of … Continue reading

Posted in Foreclosure, Homeowner/Condominium Associations | Leave a comment

Foreclosing a Mortgage for Failure to Pay Non-Escrowed Real Estate Taxes or Insurance

With the implementation of the new servicing requirements under RESPA and TILA, stemming from the Dodd-Frank Act, came a federal regulation governing when a servicer can first initiate foreclosure proceedings. Under § 1024.41(f), a servicer cannot file its foreclosure action … Continue reading

Posted in Banking and Finance, Consumer Finance, Creditor's Rights, Loan Servicing, Property Insurance, Real Estate Taxes | Leave a comment

Waivers of Consumer Claims: Balancing Traditional Compliance Concerns With Special Assets Recovery

Issues of regulatory compliance and special assets/loan recovery have always overlapped. For example, defenses arising from TILA disclosures (or lack thereof) and rights of rescission have been commonplace in foreclosure proceedings during the past several years. However, with the passing … Continue reading

Posted in Banking and Finance, Consumer Finance, UDAAP, Waivers of Liability | Leave a comment