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. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?

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Jimerson Firm

AUGUST 7, 2020

sell, lease, license, exchange, collect, or otherwise dispose of receivership property.” § 714.02(14), A receiver is defined in the Act as a “person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and, if authorized. Receivers have broad duties and powers under section 714.12

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Jimerson Firm

OCTOBER 9, 2020

Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale, was adopted because “many foreclosure sales set by the final judgment and handled by the clerks of court [were] the subject of vague last-minute motions to reset sales without giving any specific information as to why the sale [was] being reset. In re Amendments To The Fla.

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Foreclosure Judgment Law Firms Bankruptcy 98

The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. Husky sued Ritz under a Texas statute which allows creditors to hold shareholders responsible for corporate debts under circumstances involving actual fraud.

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Jimerson Firm

SEPTEMBER 22, 2020

Additionally, during a foreclosure action, the lender/mortgagee can request the borrower/mortgagor to deposit the collected rents into the registry of the court or in such other depository as designated by the court. §697.07(4). does not apply to hotel revenues stems from a line of bankruptcy cases decided in the early 1990s.

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Foreclosure Lender Law Firms Collections 98

Jimerson Firm

JULY 30, 2020

For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor. Additionally, Florida law provides that there can be multiple judgments for the same debt but the same debt can only be collected once.

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