Collections, Commercial Collection, Creditors and Law Firms

The Ethical Collection Of Business Debts

Collections Law

FEBRUARY 9, 2024

Cohen & Associates LLC, our commercial collections attorneys have over five decades of commercial collections experience. Our firm’s attorneys relentlessly and aggressively pursue the collection of debts on behalf of our clients while maintaining the utmost ethical standards to do so.

Mechanic’s Liens

Mechanic’s Liens Collections Commercial Collection Lawyers

Collecting on a debt through a real estate attachment

Collections Law

SEPTEMBER 24, 2021

If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercial collections attorneys at the Law Offices of Alan M. How does a real estate attachment work?

Collections

Collections Debtor Commercial Collection Judgment

Can I collect against a Massachusetts debtor if I’m from out of state?

Collections Law

APRIL 19, 2022

As a business owner or manager, collecting unpaid debt is likely not your favorite part of your job. As an out-of-state creditor, you do have options for collecting a debt from a debtor in Massachusetts. The experienced commercial collections attorneys at the Law Offices of Alan M.

Debtor

Debtor Collections Judgment Commercial Collection

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

NOVEMBER 16, 2020

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla. What Does it Mean to “Breach the Peace”? 2d at 625 (Fla.

Secured Creditor

Secured Creditor Collateral Repossession Creditors

Personal Guarantees in Commercial Collection: How Helpful Are They?

The McHughes Law Firm

JUNE 22, 2016

In today’s volatile marketplace, the existence of a personal guarantee may provide the only viable basis for collecting outstanding receivables from a corporate obligor experiencing financial difficulty. Therefore, when drafting a personal guarantee, a creditor should specify that the guarantee is one of payment.

Commercial Collection

Commercial Collection Collections Creditors Credit Management

How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

Collections Law

JULY 1, 2020

The experienced collection attorneys at the Law Offices of Alan M. Collection agencies are passive organizations that make the same effort you were making before you brought them on board. Why Hire a Collections Attorney? An experienced collections attorney will do more than merely advise you on what you need to do.

Mechanic’s Liens

Mechanic’s Liens Debt Recovery Collections Judgment

SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

Collateral

Collateral Loans Secured Creditor Lender

SBA Loans: How to Maximize Recovery by Liquidating Real Property

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.

Loans

Loans Collateral Foreclosure Lender

Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

AUGUST 7, 2020

sell, lease, license, exchange, collect, or otherwise dispose of receivership property.” § 714.02(14), A receiver’s power to “use or transfer receivership property other than in the ordinary course of business” is a new and important departure from the common law powers of a receiver to sell property before judgment. of the Act.

Foreclosure

Foreclosure Lender Judgment Creditors

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

Jimerson Firm

SEPTEMBER 22, 2020

Additionally, during a foreclosure action, the lender/mortgagee can request the borrower/mortgagor to deposit the collected rents into the registry of the court or in such other depository as designated by the court. §697.07(4). Losing the Right to Collect Rents: Junior Foreclosure Sales.

Foreclosure

Foreclosure Lender Law Firms Collections

A Proper Final Judgment of Foreclosure: Form 1.996(a)

Jimerson Firm

DECEMBER 8, 2020

The post A Proper Final Judgment of Foreclosure: Form 1.996(a) appeared first on Jimerson Birr Law Firm. Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.

Foreclosure

Foreclosure Judgment Law Firms Creditor's Rights

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

JULY 30, 2020

Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor. In Kim , a guarantor provided a guaranty limited in amount to $3.8

Lender

Lender Loans Foreclosure Judgment

Florida’s Fast-Track Residential Foreclosure Process

Jimerson Firm

AUGUST 24, 2020

The post Florida’s Fast-Track Residential Foreclosure Process appeared first on Jimerson Birr Law Firm. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.

Foreclosure

Foreclosure Judgment Law Firms Creditor's Rights

Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

Jimerson Firm

OCTOBER 9, 2020

The post Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion appeared first on Jimerson Birr Law Firm. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.

Foreclosure

Foreclosure Judgment Law Firms Bankruptcy

How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Jimerson Firm

DECEMBER 30, 2020

The post How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement appeared first on Jimerson Birr Law Firm. During workout agreement negotiations, there are many workout options that the lender/CDC and borrower can consider. SBA Loans: How to Maximize Recovery by Liquidating Personal Property.

Loans

Loans Collateral Lender Foreclosure

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures

Jimerson Firm

DECEMBER 15, 2020

The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures appeared first on Jimerson Birr Law Firm.

Foreclosure

Foreclosure Lender Banks Collateral

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes

Jimerson Firm

JANUARY 14, 2021

The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes appeared first on Jimerson Birr Law Firm.

Foreclosure

Foreclosure Lender Judgment Law Firms

Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement?

Jimerson Firm

JULY 15, 2020

Additionally, the Fifth District Court of Appeal acknowledged that Option 3 “seems at odds with the law in other jurisdictions, as well as [Option 2], which clearly requires a landlord to mitigate damages.” The post Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement? See Horizon Med.

Judgment

Judgment Law Firms Creditor's Rights Loans

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

OCTOBER 22, 2020

The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101 appeared first on Jimerson Birr Law Firm.

Foreclosure

Foreclosure Lender Judgment Collateral

Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

SEPTEMBER 28, 2020

The post Serving a Defendant in a Residential Foreclosure Action by Publication appeared first on Jimerson Birr Law Firm. Authors: Austin B. Calhoun, Esquire. Melissa Murrin, JD Candidate 2021.

Foreclosure

Foreclosure Construction Judgment Lender

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

Jimerson Firm

MAY 26, 2021

d) any parent entity, subsidiary, or other person who directly, or indirectly through one or more intermediaries, controls or is controlled b, or is under common control with, any entity listed in paragraph (a), paragraph (b), or paragraph (c).

Foreclosure

Foreclosure Lender Collateral Judgment

Creditor Collections Today

The Ethical Collection Of Business Debts

Collecting on a debt through a real estate attachment

Trending Sources

Can I collect against a Massachusetts debtor if I’m from out of state?

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Personal Guarantees in Commercial Collection: How Helpful Are They?

How Aggressive Collections Attorneys Can Aid in Massachusetts Debt Recovery

SBA Loans: How to Maximize Recovery by Liquidating Personal Property

SBA Loans: How to Maximize Recovery by Liquidating Real Property

Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

A Proper Final Judgment of Foreclosure: Form 1.996(a)

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Florida’s Fast-Track Residential Foreclosure Process

Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes

Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement?

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Serving a Defendant in a Residential Foreclosure Action by Publication

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

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