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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. However, lenders should only use this option if it maximizes recovery on the SBA loan. draft settlement statement. See SOP 50 57.

Loans 98
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How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement

Jimerson Firm

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan. 9) The signatures of the lender/CDC and all obligors on the loan.

Loans 98
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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The decision and justification for abandoning the collateral, including the basis for the Recoverable Value estimate, must be documented in the loan file. Collection of Accounts Receivable.

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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

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. The loan documents also typically include one or more personal guaranties. Acceleration of the Loan. & Loan Ass’n, 538 So.

Lender 98
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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. 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. 679.609, Fla.

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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

If the borrower fails to make the required payments or post a bond for the balance on the loan, the lender will be entitled to possession of the premises. Alternatively, if the borrower can make the loan payments, but refuses nonetheless, an order to show cause may lead to the borrower making payments during the foreclosure action.

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

Jimerson Firm

The statute defines a “person affiliated with the foreclosing lender” as: (a) the foreclosing lender or any loan servicer for the loan being foreclosed; (b) any past or present owner or holder of the loan being foreclosed; (c) any maintenance company, holding company, foreclosure services company, or law firm under contract to any entity listed in (..)