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Can Banks be Liable for Processing or Underwriting a Loan that a Borrower Cannot Afford?

Jimerson Firm

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The decision and justification for abandoning the collateral, including the basis for the Recoverable Value estimate, must be documented in the loan file. 2d DCA 2011). Liquidation Methods.

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District Court Rejects the Narrowing of § 546(e) “Safe Harbor” Provision and Applies Safe Harbor to Privately Held Securities

ABI

(“BMO”) provided a bridge loan (“the Bridge Loan”) to Intermediate Holding. [6] 6] Sun Capital either guaranteed the Bridge Loan or was otherwise obligated to ensure that the Bridge Loan was repaid ("the Sun Capital Guaranty"). [7] 8] BWGS paid the vast majority of the loan by transferring its own property worth $24.8

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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

6:010-CV-226-ORL-31, 2011 WL 1560647, at *10 (M.D. 5, 2011) report and recommendation adopted, No. 6:10-CV-226-ORL-31, 2011 WL 1557853 (M.D. Credit Solutions Corp. ,

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State of the Collections Industry in 2021

The Kaplan Group

The number of collection firms has been in decline since 2011, from 9,400 to 7,401 in 2018. There was a steep decrease in 2020, with only 6,699 remaining, a 10% decline. The number of new loans originated has also fallen across a variety of debt types, with the most precipitous drop in bank card originations. That’s a 2.5%

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Personal loan statistics to know for 2023

Credit Corp

As of the second quarter in 2022, Americans owed over $192 billion in personal loans, according to TransUnion ®. If you’re one of the many Americans who took out a personal loan in early 2022, the good news is that interest rates were very low, according to the St.

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Can a Debt Collector Collect After 10 Years?

Credit Corp

Can a debt collector collect after 10 years, for example? Can a debt collector collect after 10 years? Can a Debt Collector Collect After 10 Years? In most cases, the statute of limitations for a debt will have passed after 10 years. The debt would be collectible using the legal system until August 2011.