Collections, Credit Management and Foreclosure

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Collections

Credit Management

Foreclosure

Avoiding Overshadowing Claims

FDCPA Defense

NOVEMBER 11, 2014

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. Midland Credit Management, Inc.,

Debt collector

Debt collector Debtor Creditors Original Creditor

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

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.

Lender

Lender Loans Foreclosure Judgment

Creditor Collections Today

Avoiding Overshadowing Claims

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

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