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
JANUARY 28, 2021
Compass Bank , 164 So. Liberty Bank , 87 So. 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. Empire Developers Group, LLC v. 3d 51, 53 (Fla. Conclusion.
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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
JULY 30, 2020
Most commercial loan documents will include an acceleration clause, which is a clause that allows the lender to accelerate the total remaining amount due on the loan. Bank of America, N.A., Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. First Nat’l Bank & Tr., In First Fla.
Jimerson Firm
FEBRUARY 18, 2021
5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). See LaSalle Bank Nat. . § 713.13(7) & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC. Ass’n v. Blackton, Inc. , 3d 329, 330 (Fla. 5th DCA 2011).
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.
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. 2d 1020 (Fla. 1st DCA 1981). The proceeds from a voluntary sale will be applied to the balance of the SBA loan. Set-Off of Deposit Account.
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