Jimerson Firm
JANUARY 28, 2021
Compass Bank , 164 So. Liberty Bank , 87 So. Collecting the Deficiency Judgment. When the lender receives a deficiency judgment from the court, it can proceed to collect on that judgment against the borrower using conventional collection methods. 3d 49, 57-58 (Fla. 1 st DCA 2015). 5)(h), Fla. 3d 51, 53 (Fla.
Jimerson Firm
JULY 30, 2020
Bank of America, N.A., 3d DCA 2006) (“In Florida, an acceleration clause in a mortgage confers a contract right upon the note or mortgage holder which he or she may elect to enforce upon default.”). Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. First Nat’l Bank & Tr.,
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Jimerson Firm
MARCH 12, 2021
Intercredit Bank, N.A. , Flagship Cmty Bank , 96 So. Florida courts have found that the exception to the local action rule found in Section 702.04 applies to “both contiguous and non-contiguous real properties.” 2d 863, 864 (Fla. 3d DCA 2006). For example, in Frym v. 3d 452 (Fla.
Jimerson Firm
DECEMBER 15, 2020
Traditionally, the appointment of a receiver was considered to be an extraordinary remedy, which must be exercised with caution as it is in derogation of the legal owner’s fundamental right to possession of the property. See Barnett Bank, N.A. Wells Fargo Bank, Nat’l Ass’n, 72 So. Bank Nat’l Ass’n v. Bank, 700 So.
Jimerson Firm
JANUARY 27, 2021
The compromise amount must bear a reasonable relationship to the amount that could be recovered in a reasonable amount of time through enforced collection proceedings, and it must be sufficient to protect the integrity of the SBA program. illness), paying it would cause financial hardship. (4) SOP 50 57 ; SOP 50 55.
Jimerson Firm
NOVEMBER 23, 2020
Barnett Bank of Pensacola , 397 So. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry. Collection of Accounts Receivable. 2d 1020 (Fla. 1st DCA 1981). 679.607(1), Fla. Set-Off of Deposit Account.
Jimerson Firm
NOVEMBER 16, 2020
Florida courts have also found a secured creditor breached the peace, if the secured creditor damaged the debtor’s property during repossession efforts, or used force to repossess the collateral. Barnett Bank of Pensacola , 397 So. Id ; Marine Midland Bank-Central v. Marine Midland Bank-Central , 351 So.
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