Jimerson Firm

NOVEMBER 23, 2020

Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Jimerson Firm

NOVEMBER 16, 2020

Florida courts have established a two-part test to determine if a secured creditor “breached the peace” within the meaning of Section 679.609(2)(b) of the Florida Statutes: “(1) whether there was entry by the creditor upon the debtor’s premises; and (2) whether the debtor or one acting on his behalf consented to the entry and repossession.”

Secured Creditor 69

Secured Creditor Collateral Repossession Creditors 69

Jimerson Firm

JANUARY 27, 2021

The compromise amount must bear a reasonable relationship to the amount that could be recovered in a reasonable amount of time through enforced collection proceedings, and it must be sufficient to protect the integrity of the SBA program. illness), paying it would cause financial hardship. (4) SOP 50 57 ; SOP 50 55.

Loans 96

Loans Lender Collateral Creditors 96

Jimerson Firm

NOVEMBER 13, 2020

Lenders must give careful consideration on choosing this method because it may (unless otherwise negotiated in the written agreement) lose the right to collect any deficiency, and the property will remain subject to any existing liens. However, lenders should only use this option if it maximizes recovery on the SBA loan. Short Sale.

Loans 98

Loans Collateral Foreclosure Lender 98

Jimerson Firm

AUGUST 7, 2020

sell, lease, license, exchange, collect, or otherwise dispose of receivership property.” § 714.02(14), A receiver is defined in the Act as a “person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and, if authorized. Receivers have broad duties and powers under section 714.12

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

DECEMBER 30, 2020

The borrower’s current financial information allows the lender or CDC to make prudent lending decisions regarding the feasibility and structure of the workout agreement. 3) a complete copy of the borrower’s personal federal income tax returns from the past two years, or a written explanation as to why a copy is not available.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

JULY 30, 2020

Additionally, Florida law provides that there can be multiple judgments for the same debt but the same debt can only be collected once. 5th DCA 1980) (“Since the appellees unconditionally guaranteed payment of the debt to the bank, clearly the bank could obtain a judgment for the deficiency against each of the guarantors and the debtor.

Lender 98

Lender Loans Foreclosure Judgment 98