Jimerson Firm

NOVEMBER 2, 2020

Lenders are responsible for servicing and liquidating all of the 7(a) loans in their portfolio. CDC’s are responsible for servicing 504 loans in their portfolio, but they will only be responsible for liquidating the loan based on its designation. Servicing and Liquidation Take-Over by SBA. Performance Standards.

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Lender Loans Collateral Creditworthiness 94

Jimerson Firm

APRIL 2, 2021

Lenders must pay particular attention to subordinate liens and encumbrances prior to initiating any foreclosure action. Lenders can discover whether subordinate liens and encumbrances exist on a property by performing a title examination prior to initiating foreclosure. Subordinate Liens. York, 903 So. 2d 981, 983 (Fla. 2d DCA 2005).

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Lender Foreclosure Judgment Collateral 97

Troutman Sanders

MAY 2, 2023

The proposed rule would require lenders to assess a borrower’s ability to repay a PACE loan, as well as provide a framework for how these loans will be treated under the Truth in Lending Act. government securities, cash, and repurchase agreements collateralized by U.S. For more information, click here. Dollar (USD) LIBOR after June 30.

Financial services 52

Financial services Trade Consumer Credit Government 52

Troutman Sanders

DECEMBER 12, 2022

The updates expand access to collateralized intraday credit under the Policy on Payment System Risk (known as PSR policy), while providing greater clarity to institutions that streamline administrative requirements and support the launch of the FedNow℠ The final updates are substantially similar to the proposal issued in May 2021.

Financial services 52

Financial services Financial Institution Banks Lender 52

Troutman Sanders

AUGUST 1, 2023

On July 27, the Financial Innovation and Technology for the 21st Century Act passed the House Committee on Agriculture. The bill previously passed the House Committee on Financial Services on July 26. On July 26, the CFPB published a blog focused on consumer credit scores. For more information, click here.

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Financial services Financial Institution Debt collector Fair Debt Collection 52

Jimerson Firm

NOVEMBER 5, 2020

If a borrower is experiencing difficulties making payments on their SBA loan, they may seek relief with the lender or CDC by requesting a loan modification or deferment. Borrowers must submit current financial statements, federal income tax returns for the last two years, and any additional supporting documents necessary.

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Lender Loans Accrued Interest Collateral 78

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. The property was acquired by a “person affiliated with” the foreclosing lender or the borrower.

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Jimerson Firm

NOVEMBER 11, 2020

Conducting site visits are an important aspect of servicing SBA loans. Site visits allow lenders and CDCs to gain a first-hand impression of the borrower’s business operations, evaluate risks, and inventory the collateral. Within fifteen (15) days of the occurrence of an adverse event (i.e. SOP 50 57 2 ; SOP 50 55.

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Collateral Loans Lender Repossession 98

Jimerson Firm

NOVEMBER 23, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000. In Florida, the lender can choose from the following methods: UCC Sale. See SOP 50 57.

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Collateral Loans Secured Creditor Lender 98

Nexa Collect

DECEMBER 12, 2021

DeFi refers to Decentralized Finance; peer-to-peer financial services on a public decentralized blockchain network, particularly Ethereum. A system that interacts buyers, sellers, borrowers, or lenders with peer-to-peer technology to access financial products or financial services bypassing middlemen such as financial institutions.

Collateral 130

Collateral Banks Financial services Financial Institution 130

Jimerson Firm

JANUARY 25, 2021

When underwriting and servicing SBA loans, it is important for lenders and CDCs to ensure appropriate insurance coverages are in place to protect the collateral. As a condition for the loan, the SBA requires borrowers to maintain hazard insurance on all pledged collateral. 13 CFR § 120.160 ; SOP 50 10 5(K).

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Loans Collateral Lender Construction 98

Troutman Sanders

JUNE 14, 2023

In particular, the proposed rule would implement quality control standards for automated valuation models (AVMs) used by mortgage originators and secondary market issuers in valuing real estate collateral securing mortgage loans. For more information, click here.

Financial services 52

Financial services Financial Institution Student loans Student Loans 52

Jimerson Firm

NOVEMBER 13, 2020

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. Is the Recoverable Value of the Property Over $10,000?

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Loans Collateral Foreclosure Lender 98

Jimerson Firm

JANUARY 19, 2021

In traditional lending and loan servicing, it is commonplace for loans to be assumed, assigned, or sold. Most lenders are likely familiar with these servicing actions, and many lenders have their own requirements and procedures for handling each of them. See SOP 50 57 2 ; SOP 50 55.

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Loans Collateral Lender Financial services 98

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. 60 calendar days), the lender/CDC must move forward with liquidating the collateral.

Loans 98

Loans Collateral Lender Foreclosure 98

Troutman Sanders

JUNE 1, 2021

The proposal would modify the PSR policy to expand access to collateralized capacity, and clarify the terms for accessing and retaining uncollateralized capacity. Treasury, the Internal Revenue Service, and the Bureau of the Fiscal Service announced that they have disbursed more than 1.8 For more information, click here.

Financial services 52

Financial services Government Foreclosure Loans 52

Jimerson Firm

FEBRUARY 5, 2021

When a SBA loan is in liquidation status, lenders and authorized CDC liquidators are required to perform “Prudent Liquidation.” When Prudent Liquidation is complete, it’s time for the lender or authorized CDC liquidator to submit a wrap-up report to the SBA and have the loan charged-off. 120.535(b). 120.535(b). SOP 50 55.

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Loans Lender Collateral Bankruptcy 89

Collection Industry News

MAY 18, 2021

2547 was sponsored by House Financial Services Committee Chairwoman Rep. While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. The bill, H.R. Maxine Waters (D-Calif.),

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Lender Foreclosure Collections Debt collector 40

Jimerson Firm

FEBRUARY 3, 2021

In Florida, lenders may find themselves foreclosing on real property with a mobile home attached to the land. On the other hand, if the mobile home is not retired and the lender has a perfected lien on the mobile home, the lender must use replevin in addition to the foreclosure. Is the Mobile Home Retired?

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Foreclosure Collateral Lender Repossession 96

Jimerson Firm

JANUARY 27, 2021

If the borrower is unable to pay the full amount owed on an SBA loan after all of the collateral has been liquidated, the borrower may submit an “offer in compromise.” All borrowers must submit their own offer in compromise to the lender or CDC. If there are any discrepancies, the lender must investigate them.

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Loans Lender Collateral Creditors 96

Troutman Sanders

MARCH 23, 2023

Fees paid to a public official relating to the extension of credit, including fees to record liens, are excluded. As to loans of $500 or less, there is also an exclusion for a fee not exceeding five percent of the total principal of the loan if that fee is not imposed on any one borrower more than one time per 12-month period.

Collateral 52

Collateral Financial Institution Loans Lender 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. The court found that the lender properly filed a foreclosure action on both mortgages in just Pinellas County because both mortgages jointly constituted the collateral for a single loan.

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Foreclosure Lender Collateral Loans 98

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. Who is a “Successor in Interest”?

Collateral 52

Collateral Lender Loans Foreclosure 52

Fico Collections

APRIL 12, 2023

Asset-backed securities are initiated when a financial institution creates securities collateralized or backed by the cash flows generated from the underlying group of assets in the securitized pool. As the credit score used by more than 90% of top lenders in the U.S., These asset-backed securities are then sold to investors.

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Lender Financial Institution Collateral Loans 52

Credit Corp

OCTOBER 31, 2023

No credit check to apply *Money added to Credit Builder will be held in a secured account as collateral for your Credit Builder Visa card, which means you can spend up to this amount on your card. FICO® Scores are used by 90% of top lenders ¹Credit score calculated based on FICO® Score 8 model. Chime Checking Account required.

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Collateral Credit Card Debt Banks Lender 105

Jimerson Firm

JANUARY 22, 2021

This series has provided a high-level overview of various options and considerations available to lenders during the current uncertainty surrounding lending in the hospitality industry. The first-half of this series evaluated considerations for lenders faced with borrowers who were unable to meet their mortgage and loan obligations.

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Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. 702.015(4) , Fla.

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Foreclosure Lender Judgment Collateral 94

Credit Corp

SEPTEMBER 13, 2023

One reason that lenders look at credit mix is to make sure that you can be responsible with multiple types of credit. Showing that you can handle different types of credit—and multiple credit accounts at once—indicates financial reliability to potential lenders. Depending on the reason, they often do not require collateral.

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Credit Unions Credit Unions Student loans Student Loans 97

Jimerson Firm

FEBRUARY 11, 2022

On July 15, 2021, the SBA issued its procedural notice regarding lender requests to the SBA for guaranty recovery of PPP loans. What should lenders do when borrowers can no longer make payments and associated loans are still outstanding? What Obligations Do Lenders Owe PPP Loan Borrowers?

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Loans Lender Chapter 7 bankruptcy Bankruptcy 52

Jimerson Firm

DECEMBER 15, 2020

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action. 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.

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Better Credit Blog

APRIL 2, 2022

The site uses built-in algorithms to offer you real-time, pre-qualified personal loan rates from about a dozen different lenders. Even Financial, a leading search and comparison engine for financial companies, launched Fiona back in 2015 to help consumers find the right financial products. Loan Terms. 24 – 84 months.

Personal loans 80

Personal loans Loans Student loans Student Loans 80

Jimerson Firm

JANUARY 29, 2021

Oftentimes, when a lender forecloses on real estate collateral, the lender will purchase the property at the foreclosure sale. Once the lender has title to the property, it has the right to take possession of the property. However, sometimes, the previous homeowner or a tenant may not voluntarily vacate the property.

Foreclosure 86

Foreclosure Lender Collateral Financial services 86

Jimerson Firm

AUGUST 7, 2020

This new legislation is likely to be important to lenders and borrowers due to the anticipated higher volume of commercial foreclosures due to economic effects of the current COVID-19 pandemic. What is a Receiver, and Why are They Important? When Can the Court Appoint a Receiver Under the Act? Authors: C. Ryan Maloney, Esq. Candidate 2021.

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Foreclosure Lender Judgment Creditors 98

Jimerson Firm

MAY 17, 2021

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. Second, lenders are required to have standing when suit is filed.

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Foreclosure Lender Judgment Banks 52

Jimerson Firm

JULY 20, 2020

1st DCA 2016) (“Appellant’s attorney, as the agent of appellant, was entitled under the statute to certify that appellant was in possession of the original note based on counsel’s review of the collateral file, which contained the original note and was provided to counsel in connection with legal proceedings to enforce the note.”).

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Foreclosure Banks Judgment Financial services 52

Fico Collections

JANUARY 8, 2021

Zeynep Salman pointed out that in financial services, it has brought about new appreciation for technology as well. The primary lesson from financial companies’ response to COVID-19 market trends is that financial challenges cannot be tackled in isolation. To be clear, this is not only about efficiency in lending.

Acquisition 52

Acquisition Loans Financial Institution Lender 52

Fico Collections

MAY 5, 2021

As a result, banks and lenders are acutely reliant on access to the very best data, automation, and technology to help bridge the rapidly widening funding gap. Lenders and banks believe new technologies from artificial intelligence, machine learning and even blockchain could help significantly improve an SME's access to trade finance.

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