No Safe Harbor in Florida If Financing Statement Misnames the Debtor
Posted on Oct 5, 2022 in Consumer Protection | Comments Off on No Safe Harbor in Florida If Financing Statement Misnames the Debtor
As we reported here, the Eleventh Circuit recently certified to the Florida Supreme Court a series of questions about the consequences under Florida law of a misnamed debtor in a UCC-1 financing statement. Florida law provides that a financing statement is “seriously misleading” if it does not include the debtor’s correct name, but provides a safe harbor where “a search of the records...
A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
Posted on Dec 24, 2021 in Commercial Law and Business Torts | Comments Off on A Debtor by Any Other Name? Court Certifies Question to Florida Supreme Court
Florida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. But how much of a search is required? The...
Split Panel Upholds Dismissal of Force-Placed Insurance Claims Under Filed-Rate Doctrine
Posted on Oct 1, 2018 in Insurance | Comments Off on Split Panel Upholds Dismissal of Force-Placed Insurance Claims Under Filed-Rate Doctrine
Last week, a split panel of the Eleventh Circuit upheld the dismissal of a class action over “force-placed insurance” under the filed-rate doctrine. Patel v. Specialized Loan Servicing, LLC, 2018 WL 4559091 (11th Cir. Sept. 24, 2018). The “force-placed insurance” in question concerns the residential mortgage market. A typical mortgage contract requires the borrower to obtain hazard...
To Bar, or Not to Bar: That Is the Certified Question
Posted on May 3, 2017 in Civil Procedure | Comments Off on To Bar, or Not to Bar: That Is the Certified Question
How long after winning a judgment in the federal court can a Florida plaintiff conduct post-judgment collection efforts? That is the question at the heart of Salinas v. Ramsey, 2017 WL 1593469 (11th Cir. May 2, 2017). The issue has been decided differently in cases before the Florida District Courts of Appeal, and so Tuesday, the Eleventh Circuit certified a question to the Florida...