News + updates + recent press
On October 16, 2019, the Second District Court of Appeal in U.S. Bank v. Sturm, held that a demand letter can include amounts that accrued more than five years earlier. In reaching this conclusion, the Second District Court of Appeal relied on Grant v. Citizens Bank, N.A., 263 So. 3d 156, 157 (Fla. 5th DCA 2018) (en banc) (receding from Diamond and Velden v. Nationstar Mortg., LLC, 234 So. 3d 850 (Fla. 5th DCA 2018) ). In Grant, the Fifth District rejected the argument that a foreclosing Plaintiff could not recover damages for defaults that occurred more than five years prior to the filing of the action. *This case is not yet final, and subject to rehearing.*
Contact Marissa Yaker, Esq. here.
4th DCA holds that if a Loan Modification increases the principal balance, documentary stamps and intangible taxes must be paid.
On September 18, 2019, the Fourth District Court of Appeal in Schroeder v. MTGLQ Investors, L.P., Case No. 4D18-3177, 44 Fla. L. Weekly D2370b, held that the final judgment must be reversed as the amount included in the final judgment included an increased principal balance resulting from a loan modification agreement, on which documentary and intangible taxes were not paid. In reaching this holding, the Fourth District Court of Appeal cited to Florida Statutes 201.08(1)(b) and 199.282(4).
Padgett Law Group Reshapes Business Advancement & Client Support Unit, Adds Second Executive to Team
Joel Winters Joins Kawanna Buggs in Expanded PLG Business Advancement & Client Support Unit
[Atlanta, GA | Tuesday, October 1, 2019] Padgett Law Group (PLG) announced that industry veteran Joel Winters has joined the firm’s newly expanded business advancement and client support unit. Winters joins Kawanna Buggs whose role was recently refocused from bankruptcy operations to overseeing quality assurance to meet specific client standards and development needs. Winters and Buggs will jointly focus on growing the firm’s client base, deepening client relations and overseeing quality care, as well as bringing other PLG products and services to market, such as the firm’s national bankruptcy practice and investor/servicer-focused technology platforms.
Winters comes to PLG with over a decade of experience in business development and marketing for creditors’ rights law firms with a specialized focus on title, real estate-owned, mortgage servicing, and institutional banking and lending clients.
“Joel’s background and his focus at PLG will give the firm a comprehensive business advancement and client support unit devoted to meeting the needs of our growing client base. We’re excited about the combined talents of Joel and Kawanna as they work to maintain the quality and client care across the firm’s business lines while introducing new clients to PLG’s unique level of service,” said CEO Timothy D. Padgett, Esq.
Robyn Padgett, Chief Development Officer, added, “What we have with Joel and Kawanna is a fully realized client support team that not only adds strength and diversity to our client portfolio but also keeps two fingers on the pulse of our client relationships as they develop over time.”
Winters is based out of Jacksonville, FL while Buggs remains based out of the firm’s Tampa, FL office.
Winters can be reached at joel.Winters@PadgettLawGroup.com and Buggs can be reached at
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