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SBA Loans: Offers in Compromise

Jimerson Firm

4) Collection of the loan balance is not barred by a valid legal defense, such as discharge in bankruptcy or the statute of limitations; (5) The borrower has not engaged in fraud, misrepresentation, or other financial misconduct; and. (6) illness), paying it would cause financial hardship. (4) SOP 50 57 ; SOP 50 55.

Loans 96
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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

Importantly, the Act gives the court a new power to, similar to as in bankruptcy proceedings, stay certain actions to enforce claims against receivership property. Make a distribution of receivership property. Any other information required by the court. 714.23, Fla. 714.14, Fla.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

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. See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla. In Kim , a guarantor provided a guaranty limited in amount to $3.8

Lender 98
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How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Jimerson Firm

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

Loans 98
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Lenders Beware: Foreclosure Judgments Can be Set Aside At Any Time Before The Sale Occurs

Jimerson Firm

For example, if the court entered a final judgment of foreclosure after the borrower filed a petition for bankruptcy in federal court, the judgment will be void and therefore, must be set aside. Citibank, N.A. Unknown Heirs , 197 So. 3d 1214, 1215 (Fla.

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Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

Jimerson Firm

Defendant has filed a Chapter Petition under the Federal Bankruptcy Code; e. Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff; d.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

Jimerson Firm

does not apply to hotel revenues stems from a line of bankruptcy cases decided in the early 1990s. However, recently, the Fourth DCA in Seaspray Resort, Ltd v. 3d 333, 335 (Fla. 4th DCA 2018) recognized that the idea that Section 697.07