Collections Creditor's Rights Financial services Judgment 
Jimerson Firm
JANUARY 28, 2021
When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Amount of Deficiency Judgment.
Jimerson Firm
DECEMBER 8, 2020
The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Last year, the Form was amended again to add a reference to Section 83.561, Florida Statutes and the rights of a tenant occupying foreclosed residential property.
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Jimerson Firm
MAY 19, 2021
Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?
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
Jimerson Firm
OCTOBER 22, 2020
Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. Issuance of a Final Judgment of Foreclosure. The Complaint to Foreclose the Mortgage. 2d 409, 410-11 (Fla.
Jimerson Firm
FEBRUARY 15, 2021
Before a foreclosing lender can obtain a final judgment of foreclosure at a motion for summary judgment or trial, many courts have created a checklist of documents that must be filed before the hearing/trial date. However, the required documents that must be filed to obtain a final judgment of foreclosure vary in each county.
Consumer Financial Services Law
DECEMBER 29, 2016
Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. On Thursday November 3, 2016 I joined a group of colleagues for a meeting with the CFPB to discuss its proposed rules for third party debt collection.
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