Bankruptcy Commercial Collection Financial services Judgment 
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?
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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Jimerson Firm
AUGUST 7, 2020
While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla.
Jimerson Firm
SEPTEMBER 22, 2020
does not apply to hotel revenues stems from a line of bankruptcy cases decided in the early 1990s. Thus, the trial court did not abuse its discretion by requiring the borrowers to deposit all hotel revenue into the court registry pending final judgment. However, recently, the Fourth DCA in Seaspray Resort, Ltd v. 3d 333, 335 (Fla.
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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