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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.

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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

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

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

Jimerson Firm

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. Purchasers of Foreclosed Property May be Protected. Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

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. Additionally, lenders/servicers can request the court to appoint a receiver. Lake & River Recreational Props.,

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The Top Five Things Lenders Need to Know About Florida’s Construction Lien Law

Jimerson Firm

2] This result can be potentially disastrous to a mortgage lender that may lose the value of a first priority mortgage lien as security for the loan, and potentially have the mortgage subject to being foreclosed in a construction lien foreclosure lawsuit. & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC.

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Foreclosing on Property With a Mobile Home

Jimerson Firm

If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. Replevin is a lawsuit seeking a judgment and a “writ of replevin,” to recover personal property that is wrongfully detained by another person.

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How to Publish a Legal Notice of a Foreclosure Sale

Jimerson Firm

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).