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

Jimerson Firm

Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways.

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Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. 49.08, Fla. 1)(c), Fla.

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How to Publish a Legal Notice of a Foreclosure Sale

Jimerson Firm

In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale). Since publishing a legal notice concerning a foreclosure action is inevitable, it is imperative for lenders to know how to do so properly.

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Establishing Standing in a Foreclosure Proceeding

Jimerson Firm

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. What is Standing? Craven-Lazarus v. 3d 1029, 1030 (Fla.

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New York State Passes Legislation To Extend Eviction And Foreclosure Relief For Small Business Commercial Properties

Collection Industry News

After a full year of commercial tenants and commercial mortgagors relying on Governor Cuomo’s executive orders requiring moratoriums on evictions and foreclosures as the main source of protection, this Act provides certain relief measures to protect eligible small businesses suffering from COVID-19 hardships. field, or. (ii) hardship.

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Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits

Fraser

In the areas of banking, commercial, construction and real estate litigation, he represents lenders, contractors and owners on construction-related claims, and lenders and borrowers in commercial and residential foreclosure matters, large loan defaults and collections, lien priority disputes, and title insurance company liability.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. .” ” For more information, click here.