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

Jimerson Firm

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”?

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

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.

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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr Law Firm. draft settlement statement. satisfactory arrangements must have been made for payment of the SBA loan balance that will remain after receipt of the sale proceeds, unless the release is part of a compromise agreement.

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

Jimerson Firm

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.

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

Jimerson Firm

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. The post Overview of Florida’s New Uniform Commercial Real Estate Receivership Act appeared first on Jimerson Birr Law Firm.

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Florida’s Fast-Track Residential Foreclosure Process

Jimerson Firm

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.

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Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion

Jimerson Firm

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.