Stevens Lloyd

SEPTEMBER 27, 2018

At the Stevens-Lloyd Group, in addition to utilizing our unique blend of incorporating phone calls, strong written communication skills and litigation, we also utilize more advanced debt collection techniques. These include Writs of Execution, Bank levies, and Wage garnishments. Bank Levies. What is a Writ of Execution.

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The Kaplan Group

JUNE 25, 2020

Commercial collection agencies like ours specialize in collecting on B2B debt. If your business is getting calls from a collection agency, you may wonder how this will affect your business credit. Banks, utility and credit card companies routinely update credit bureaus on your payment activity and outstanding debt.

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FFGN COLLECT NY

JANUARY 19, 2022

If the customer closed their office and left no assets, that may be the end of your debt collection claim right there. For creditors to continue to pursue their debt collection claims while working remotely, they need access to their books and records, invoices, statements, proofs of delivery, and more.

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Collections Law

SEPTEMBER 24, 2020

They don’t dabble in bad debt collection and debt recovery—it is what they do. Attorneys vs. Agencies When it comes to bad debt collection, there are many benefits that a commercial collections attorney in Massachusetts can offer that a collections agency simply cannot. What About Out-of-State Creditors?

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Collections Law

SEPTEMBER 24, 2020

They don’t dabble in bad debt collection and debt recovery—it is what they do. When it comes to bad debt collection , there are many benefits that a commercial collections attorney in Massachusetts can offer that a collections agency simply cannot. What About Out-of-State Creditors? Attorneys vs. Agencies.

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Debt Recovery Lawyers Collections Commercial Collection 40

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.

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The Kaplan Group

DECEMBER 27, 2020

The IACC is the primary organization in the United States for business to business (commercial) collection agencies. Always make sure to check for reviews of a collection agency. Non-Sufficient Funds in the check writer’s bank account. However, it is also the most risky for the creditor.

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Jimerson Firm

NOVEMBER 13, 2020

draft settlement statement. satisfactory arrangements must have been made for payment of the SBA loan balance that will remain after receipt of the sale proceeds, unless the release is part of a compromise agreement.

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Collections Law

FEBRUARY 11, 2020

214 § 3 requires only that a commercial creditor: Establishes that the debtor owes it money; and Demonstrates that the debtor’s interest in a property cannot be reached to be attached or taken on execution. How reach and apply injunctions have helped companies collect their debts. Contact the Law Offices of Alan M.

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Jimerson Firm

JANUARY 27, 2021

5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors. 5) The borrower’s proposed treatment of the SBA loan must be fair and equitable in comparison to the treatment to be received by the borrower’s other creditors.

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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.

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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

See Barnett Bank, N.A. Wells Fargo Bank, Nat’l Ass’n, 72 So. Bank Nat’l Ass’n v. Bank, 700 So. 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.

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Jimerson Firm

AUGUST 7, 2020

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.

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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).

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Collections Law

JULY 1, 2020

Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt. We also use methods such as reach and apply injunctions to help collect your bad debt.

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Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. In this case, the mobile home will become part of the foreclosure of the real property. Lenders should include a description of the mobile home in the legal description of the real property.

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Jimerson Firm

OCTOBER 22, 2020

Barnett Bank of Alachua Cty., More importantly, it allows courts to sequester the rents into the court registry pending the outcome of the foreclosure action. Appointment of a Receiver. Additionally, lenders/servicers can request the court to appoint a receiver. Steinberg, 632 So. 2d 233, 234 (Fla. & Loan Ass’n of Panama City, 516 So.

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Jimerson Firm

SEPTEMBER 28, 2020

Deutsche Bank Tr. The judgment is void if constructive service was so defective that it amounted to no notice of the proceedings; the judgment is voidable if the irregular or defective service actually gave notice of the proceedings. See Shepheard v. Americas , 922 So. 2d 340 (Fla.

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Jimerson Firm

MAY 19, 2021

Bank of Am. 1.540(b) ; Toler v. Ass’n , 78 So. 3d 699, 703 (Fla. 4th DCA 2012) (“[Section 702.07] and Rule 1.540 should be read together, so that, as in other civil cases, Rule 1.540 provides the avenue for relief from a judgment of foreclosure.”).

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Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan.

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Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Assignment of Rents under Section 697.07, Florida Statutes.

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Jimerson Firm

FEBRUARY 15, 2021

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

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Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.

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Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Form 1.996(a) is incorporated in the Florida Rules of Civil Procedure under Rule 1.900.

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Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).

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Jimerson Firm

AUGUST 24, 2020

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes.

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Jimerson Firm

JANUARY 20, 2021

In response to the mortgage foreclosure crisis, the Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures. Due to the mandatory mediation program being largely unsuccessful, the Supreme Court of Florida terminated the program on December 19, 2011. 44.102(2)(b), Fla.

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Jimerson Firm

MAY 25, 2021

In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale).

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Jimerson Firm

MAY 26, 2021

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale.

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Jimerson Firm

MAY 24, 2021

In Florida, if a property owner (borrower) fails to pay its property taxes, the amount owing may become a lien on the property. If this happens, the tax lien will become superior to the lender’s mortgage lien. 197.122(a).

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Jimerson Firm

MAY 12, 2021

When a borrower dies, lenders are often left wondering what to do. In 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule—referred to as the 2016 Mortgage Servicing Rule —that clarified, revised, and amended several provisions in the 2013 Mortgage Servicing Rules.

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