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?

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Collections Law

SEPTEMBER 29, 2021

If you are trying to collect on a debt, you may feel relieved when you finally have that judgment in hand. After all, obtaining a judgment from the court is the hard part, right? Unfortunately, collecting on that judgment could prove to be a challenge. Not necessarily. We don’t stop fighting for you.

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Collections Law

FEBRUARY 14, 2022

An ex parte bank attachment Once we sue the debtor for the amount due, we have many methods of collection at our disposal. With bounced checks, we often use an ex parte bank attachment, also known as a trustee attachment. This gives us direct access to the debtor’s money once we have our judgment in hand.

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Collections Law

APRIL 5, 2022

Nearly any commercial enterprise can benefit from professional collection assistance. What does a collection attorney do? This means we examine the debtor’s financial assets and ask the court to secure them for collection before we receive the court’s judgment in your favor.

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FFGN COLLECT NY

JANUARY 19, 2022

In the upper courts, judgments are still entered by clerks in the office. The lower courts are still working mostly with paper, especially the judgment clerks who can not work remotely. Hopefully, one day technology will improve and filings, motions, judgments, and more will become electronic. Justice is slow.

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Collections Law

SEPTEMBER 24, 2020

Cohen LLC can create and implement a plan for debt recovery to enhance your bad debt recovery and enforce judgments that you have previously obtained or that they win on your behalf. They don’t dabble in bad debt collection and debt recovery—it is what they do. What About Out-of-State Creditors? At the Law Offices of Alan M.

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Collections Law

SEPTEMBER 24, 2020

Cohen LLC can create and implement a plan for debt recovery to enhance your bad debt recovery and enforce judgments that you have previously obtained or that they win on your behalf. They don’t dabble in bad debt collection and debt recovery—it is what they do. Attorneys vs. Agencies. Correct Total of Credit.

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Collections Law

JANUARY 19, 2022

Cohen LLC, our experienced commercial collection attorneys have been helping businesses recover debt since 1994. There are many ways to pursue a judgment against a debtor, but you will need the help of your lawyer, which brings us to the final tip. You can take steps to protect yourself and your company, however.

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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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Jimerson Firm

OCTOBER 22, 2020

Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. Barnett Bank of Alachua Cty., The Complaint to Foreclose the Mortgage. Lake & River Recreational Props.,

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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. Bank of Montreal, 542 So. In First Fla.

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Collections Law

MAY 7, 2020

Our relentless collections attorneys know which tools to use and when and how to collect them and are effective in collecting bad debt as indicated by our clients’ testimonials for each case. The ex parte bank attachment is also a powerful tool our collections lawyers use to collect post judgment.

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Jimerson Firm

MARCH 12, 2021

Intercredit Bank, N.A. , Flagship Cmty Bank , 96 So. The recipient clerks will record the decrees in the foreign judgment book. 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). Conclusion.

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Collections Law

FEBRUARY 11, 2020

Have you won a judgment in court and are unsure what to do next? Even if it is won, a judgment is a mere piece of paper that can easily be ignored and rejected by the debtor. On top of this, each judgment comes with a time limit. On top of this, each judgment comes with a time limit. What is a reach and apply injunction?

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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. Cohen LLC focuses on debt collection in Massachusetts. The Law Offices of Alan M.

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Mechanic’s Liens Debt Recovery Collections Judgment 52

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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Jimerson Firm

FEBRUARY 15, 2021

Before a foreclosing lender can obtain a final judgment of foreclosure at a motion for summary judgment or trial, many courts have created a checklist of documents that must be filed before the hearing/trial date. However, the required documents that must be filed to obtain a final judgment of foreclosure vary in each county.

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Jimerson Firm

AUGUST 24, 2020

If a defendant fails to appear at the show cause hearing, provide defenses, or show good cause, the court will enter a final judgment of foreclosure. Immediately after the filing of the verified foreclosure complaint, any “lienholder” may request an order to show cause for the entry of final judgment. Request an Order to Show Cause.

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Jimerson Firm

JANUARY 14, 2021

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

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Debt RR

AUGUST 3, 2020

What Happens to Debt that is Sold to a Commercial Collection Agency? Businesses can expect a few things when their debt is sold to a commercial collection agency. In extenuating circumstances, the commercial debt collection agency might work with the creditor to file a lawsuit against the debtor.

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Jimerson Firm

SEPTEMBER 28, 2020

If the defendant fails to file written defenses in the thirty (30) day period, the plaintiff can move for a default foreclosure judgment. If the court finds that the affidavit is defective, or the diligent search is deficient, then the foreclosure judgment will be void or voidable. Deutsche Bank Tr. See Shepheard v. 2d 340 (Fla.

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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. Therefore, if a final judgment of foreclosure of a mortgage is void, the trial court must vacate the judgment.

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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. Conclusion.

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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

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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Jimerson Firm

FEBRUARY 3, 2021

If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. Replevin is a lawsuit seeking a judgment and a “writ of replevin,” to recover personal property that is wrongfully detained by another person.

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Jimerson Firm

MAY 25, 2021

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).

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Jimerson Firm

NOVEMBER 13, 2020

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan.

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Jimerson Firm

SEPTEMBER 22, 2020

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.

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Jimerson Firm

MAY 24, 2021

How to Get a Deficiency Judgment After a Foreclosure Sale. Authors: Austin B. Calhoun , Esq. Murrin , JD Candidate. Continued reading: Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations. Lenders Beware: Be Sure to Foreclose Subordinate Liens and Encumbrances.

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