Jimerson Firm

JANUARY 27, 2021

5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors. 5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors.

Loans 96

Loans Lender Collateral Creditors 96

Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Consumer Financial Services Law

AUGUST 30, 2016

Professional firms in all industries saw a new “normal” come to life and creditors rights attorneys and their firms were no exception. About the Author: Mark Dobosz currently serves as the Executive Director for NARCA – The National Creditors Bar Association. NARCA's values are: Professional, Ethical, Responsible.

Subrogation 40

Subrogation Creditor's Rights Creditors Student loans 40

Jimerson Firm

AUGUST 7, 2020

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Consumer Financial Services Law

JANUARY 26, 2017

Sun Tzu About the Author: Mark Dobosz currently serves as the Executive Director for NARCA – The National Creditors Bar Association. Mark is a one of NARCA’s speakers on many of the creditor’s rights issues impacting NARCA members. NARCA's values are: Professional, Ethical, Responsible.

Creditor's Rights 40

Creditor's Rights Creditors Government Trade 40

Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. In this case, the mobile home will become part of the foreclosure of the real property. Lenders should include a description of the mobile home in the legal description of the real property.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

FEBRUARY 18, 2021

However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

FEBRUARY 15, 2021

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

Foreclosure 98

Foreclosure Judgment Lender Government 98

Jimerson Firm

JANUARY 28, 2021

When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. However, sometimes the sale proceeds are insufficient to satisfy the full amount of debt owed.

Foreclosure 98

Foreclosure Judgment Lender Banks 98

Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

DECEMBER 15, 2020

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action. Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further losses.

Foreclosure 98

Foreclosure Lender Banks Collateral 98

Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Form 1.996(a) is incorporated in the Florida Rules of Civil Procedure under Rule 1.900.

Foreclosure 98

Foreclosure Judgment Law Firms Creditor's Rights 98

Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

Jimerson Firm

SEPTEMBER 28, 2020

The defendants may be served by personal service or substituted service. If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Assignment of Rents under Section 697.07, Florida Statutes.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. This article provides a high-level overview of the commercial foreclosure process and practical considerations for lenders and servicers.

Foreclosure 94

Foreclosure Lender Judgment Collateral 94

Jimerson Firm

AUGUST 24, 2020

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes.

Foreclosure 96

Foreclosure Judgment Law Firms Creditor's Rights 96

Jimerson Firm

JANUARY 20, 2021

In response to the mortgage foreclosure crisis, the Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures. Due to the mandatory mediation program being largely unsuccessful, the Supreme Court of Florida terminated the program on December 19, 2011. 44.102(2)(b), Fla.

Foreclosure 80

Foreclosure Lender Creditor's Rights Commercial Collection 80

Consumer Financial Services Law

APRIL 10, 2018

Choe is an attorney practicing in Smith Debnam's Creditors’ Rights and Collections Practice Group. Therefore, Plaintiff’s interpretation was unreasonable even based on the least sophisticated consumer standard. Therefore, as a matter of law, Defendant’s form letter did not violate § 1692e(10) of the FDCPA.

Collections 40

Collections Debt collector Creditor's Rights Law Firms 40

Jimerson Firm

MAY 25, 2021

In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

Jimerson Firm

MAY 26, 2021

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

MAY 24, 2021

In Florida, if a property owner (borrower) fails to pay its property taxes, the amount owing may become a lien on the property. If this happens, the tax lien will become superior to the lender’s mortgage lien. 197.122(a).

Collateral 52

Collateral Lender Foreclosure Judgment 52

Jimerson Firm

MAY 12, 2021

In 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule—referred to as the 2016 Mortgage Servicing Rule —that clarified, revised, and amended several provisions in the 2013 Mortgage Servicing Rules. When a borrower dies, lenders are often left wondering what to do.

Collateral 52

Collateral Lender Loans Foreclosure 52

Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Pursuant to Section 702.07

Foreclosure 52

Foreclosure Judgment Lender Bankruptcy 52

Jimerson Firm

JULY 30, 2020

Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor. In Kim , a guarantor provided a guaranty limited in amount to $3.8

Lender 98

Lender Loans Foreclosure Judgment 98

Jimerson Firm

MARCH 12, 2021

In Florida, foreclosure actions must be brought in the county where the land is located. This is typically referred to as the “local action rule.” However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties.

Foreclosure 98

Foreclosure Lender Collateral Loans 98