Category Archives: Banking and Finance

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

Sarah Lindquist Pape

Website | Email | Linkedin

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.

http://www.zkslawfirm.com

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

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

Sarah Lindquist Pape

Website | Email | Linkedin

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.

http://www.zkslawfirm.com

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

Sarah Lindquist Pape

Website | Email | Linkedin

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.

http://www.zkslawfirm.com

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