Jimerson Firm

MAY 26, 2021

Therefore, if the foreclosing lender buys the collateral at the foreclosure sale, it should obtain title insurance because it is possible that the sale could be invalidated and the collateral returned to the borrower’s ownership. 702.036(2). When Can the Foreclosure Sale Be Invalidated? 90 CWELT-2008 LLC v. Conclusion.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

MARCH 12, 2021

However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties. 2d DCA 2012) , the loan was secured by two mortgages: one in Pinellas County and the other in Hillsborough County. This is typically referred to as the “local action rule.” 3d 452 (Fla.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

MAY 12, 2021

However, upon notification of the death of a borrower, lenders must “promptly identify and facilitate communication with the successor in interest of the deceased borrower with respect to the property secured by the deceased borrower’s mortgage loan.” Although not required, the confirmed successor in interest may assume the loan upon consent.

Collateral 52

Collateral Lender Loans Foreclosure 52

Jimerson Firm

FEBRUARY 3, 2021

Lenders will usually be faced with two situations: (1) the mobile home existed at the time of the mortgage, and is identified in the mortgage documents as collateral; or (2) the mobile home did not exist at the time of the mortgage, and is not identified in the mortgage documents as collateral. (1)

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

DECEMBER 15, 2020

Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further losses. & Loan Ass’n, 516 So. One of those options is the appointment of a receiver. Carolina Portland Cement Co. Baumgartner, 128 So.

Foreclosure 98

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The Creditors Rights

MAY 24, 2016

The value of the bank’s collateral exceeded the amount the bank was owed. The debtor’s argument was that the default was “cured” because it was paid with a new loan; therefore, under the Ninth Circuit’s decision in Great Western Bank & Trust v. The facts in Beltway One were straightforward. Entz-White Lumber and Supply, Inc. (In

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 40

Consumer Financial Services Law

DECEMBER 29, 2016

Also, on an auto loan, there could be more than one missed payment, followed by a repossession, followed by a sale of the collateral and establishment of a deficiency balance. He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Jimerson Firm

OCTOBER 22, 2020

& Loan Ass’n of Panama City, 516 So. 2d 344, 345 (Fla. 1st DCA 1987) (identifying guidelines for a court to consider when determining whether to appoint a receiver).

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Foreclosure Lender Judgment Collateral 94