LEGAL ALERT: Florida Foreclosure Judgments – General Lien Statute Inapplicable, BK Anti-Modification Protection Applies

In Re Koessler (2021 WL 3375824) decided on August 3, 2021 in the Southern District of Florida is a solid win and sigh of relief for mortgage creditors in Florida bankruptcy proceedings.  In Koessler, Chief Judge Laurel Isicoff was confronted with an interesting interplay between a state statute (Section 55.10 of Florida Statutes) and the …

LEGAL ALERT: City of Chicago, Illinois v. Fulton, et al.

written by Michael Wennerlund U.S. Supreme Court resolves circuit split over Creditor Retention of Property post-bankruptcy filing On January 14, 2021, the U.S. Supreme Court issued an opinion in the case of City of Chicago, Illinois v. Fulton, et al., 592 U.S. ____ (2021) which dealt with the interplay between several provisions of the Bankruptcy …

ALAW’s Jeffrey Fraser Recognized as American Bankruptcy Institute’s 2020, 40 under 40

ALAW is proud to announce that Jeffrey Fraser, Senior Managing Bankruptcy Attorney in the Ft. Lauderdale office, has been recognized by American Bankruptcy Institute as a 2020, 40 under 40. Jeff began his career at ALAW in 2013. After more than six years of service and an exceptional record, he has been selected to this …

ALAW’s William Koehler Selected as Super Lawyer Rising Star

William concentrates his practice in mortgage foreclosures, creditor bankruptcy, real estate, evictions and other mortgage related matters.  Beginning in 2006 he has represented mortgage lenders and servicers in courts throughout South Carolina both at the state and federal levels. Since 2012 William has been rated AV Preeminent by Martindale-Hubbell.  Super Lawyers has selected him a …

Legal Alert: Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020)

An opinion was delivered by the Arkansas Supreme Court on May 7, 2020 that may have an impact on your foreclosures: Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020). Delivered May 7, 2020 PennyMac sought to foreclose on a mortgage Davis had executed in 2013. In August 2017, PennyMac sent Davis a …