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Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?

Jimerson Firm

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. Broward Bank , a creditor bank hired individuals to repossess a car from a debtor who defaulted on its secured loan with the bank.

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000. See SOP 50 57.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On December 13, the CFPB and the Federal Housing Finance Agency published updated loan-level data for public use through the National Survey of Mortgage Originations. d/b/a Premier Student Loan Center, a student-loan debt-relief company. For more information, click here. For more information, click here.

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How Lenders Can Avoid Losing Their Collateral by Paying Off the Borrower’s Property Tax Obligations

Jimerson Firm

How Do Property Taxes Result in Loss of Collateral? If the borrower is delinquent in paying its property taxes, a tax certificate may be sold for the past-due taxes, which could lead to a tax deed sale of the collateral. Continued reading: Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations.

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How SBA Lenders Ensure Expense Recovery in Loan Liquidation and Litigation

Jimerson Firm

“Recoverable Expenses” are defined as SBA approved, necessary, reasonable, and customary costs incurred to collect and enforce the terms of the Loan Documents, or to preserve or dispose of collateral. Recoverable Expenses can be added to the principal balance of the loan. See SOP 50 51 3. lien searches; Title reports; and.

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What Lenders Need to Know About § 702.036 and the Finality of Foreclosure Sales

Jimerson Firm

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. Purchasers of Foreclosed Property May be Protected. Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

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Lenders Beware: Be Sure to Foreclose Subordinate Liens and Encumbrances

Jimerson Firm

Florida law is clear that the foreclosure of a senior mortgage extinguishes the liens of any subordinate liens listed in the final judgment. & Loan Ass’n, 214 So.2d Thus, when a party holding a subordinate lien is omitted as a party to the foreclosure of a senior mortgage, the junior lienholder is unaffected by the judgment.

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