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Avoiding Overshadowing Claims

FDCPA Defense

Section 1692g requires that within five days of the “initial communication with a consumer in connection with the collection of any debt” a collector must send the consumer a written notice containing, inter alia , the amount of the debt, and the name of the creditor to whom the debt is owed. Southern Oregon Credit Servs, Inc. ,

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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

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. Goldome Realty Credit Corp., and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. The loan documents also typically include one or more personal guaranties.

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