FDCPA Defense

APRIL 17, 2019

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditors’ rights attorneys and their clients, might you and your clients be next? 1692, et seq. the “FDCPA”).

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

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.

Foreclosure 94

Foreclosure Lender Judgment Collateral 94

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.

Foreclosure 98

Foreclosure Judgment Lender Government 98

Jimerson Firm

AUGUST 24, 2020

If a defendant fails to appear at the show cause hearing, provide defenses, or show good cause, the court will enter a final judgment of foreclosure. Immediately after the filing of the verified foreclosure complaint, any “lienholder” may request an order to show cause for the entry of final judgment. Request an Order to Show Cause.

Foreclosure 96

Foreclosure Judgment Law Firms Creditor's Rights 96

Jimerson Firm

JANUARY 14, 2021

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.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

The Creditors Rights

JULY 19, 2016

The facts in Roxenberg arose from the dismissal of an involuntary bankruptcy petition, followed by the debtor’s filing an adversary proceeding against the petitioning creditors seeking compensatory and punitive damages as well as attorney’s fees incurred in defending the involuntary petition and in prosecuting the adversary proceeding.

Bankruptcy 40

Bankruptcy Creditors Judgment Government 40

Jimerson Firm

NOVEMBER 13, 2020

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan. However, foreclosures (particularly contested foreclosures) can be expensive and less efficient than other liquidation methods.

Loans 98

Loans Collateral Foreclosure Lender 98

The Creditors Rights

AUGUST 30, 2016

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. DeNoce filed an adversary proceeding, seeking the denial of Neff’s discharge under § 727(a)(2) of the Bankruptcy Code, asserting the transfer of the condominium was made with intent to hinder, delay or defraud creditors.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Jimerson Firm

MAY 26, 2021

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. Therefore, if a final judgment of foreclosure of a mortgage is void, the trial court must vacate the judgment.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

JULY 30, 2020

1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla. This prevents a double recovery.

Lender 98

Lender Loans Foreclosure Judgment 98

Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. Lenders should include a description of the mobile home in the legal description of the real property.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

SEPTEMBER 28, 2020

If the defendant fails to file written defenses in the thirty (30) day period, the plaintiff can move for a default foreclosure judgment. If the court finds that the affidavit is defective, or the diligent search is deficient, then the foreclosure judgment will be void or voidable. Failure to Comply With Requirements. See Shepheard v.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

Jimerson Firm

OCTOBER 9, 2020

Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale, was adopted because “many foreclosure sales set by the final judgment and handled by the clerks of court [were] the subject of vague last-minute motions to reset sales without giving any specific information as to why the sale [was] being reset. In re Amendments To The Fla.

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

The Creditors Rights

JULY 5, 2016

Each lender was a net winner of the Ponzi scheme and, therefore, not a creditor of the bankruptcy estate of its specific SPE when the bankruptcy filings occurred. They were not creditors of the estates. The court determined the lenders could not meet this standard.

Lender 40

Lender Bankruptcy Creditors Collateral 40

Jimerson Firm

MARCH 12, 2021

The recipient clerks will record the decrees in the foreign judgment book. After final disposition of the foreclosure lawsuit, the clerk of the court will prepare and send a certified copy of the decree of foreclosure, sale, and confirmation of sale to the clerk of the circuit court of every county where the mortgaged land is located.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

MAY 25, 2021

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).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

Jimerson Firm

JULY 15, 2020

Additionally, if the landlord obtains a final judgment against the tenant that breached the lease agreement, the final judgment should include a reservation of jurisdiction to consider a motion for an accounting should the landlord relet the premises during the remainder of the lease term.

Judgment 86

Judgment Law Firms Creditor's Rights Loans 86

Jimerson Firm

SEPTEMBER 22, 2020

Thus, the trial court did not abuse its discretion by requiring the borrowers to deposit all hotel revenue into the court registry pending final judgment.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

Jimerson Firm

FEBRUARY 18, 2021

5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). . § 713.13(7) & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

MAY 24, 2021

How to Get a Deficiency Judgment After a Foreclosure Sale. Authors: Austin B. Calhoun , Esq. Murrin , JD Candidate. Continued reading: Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations. Lenders Beware: Be Sure to Foreclose Subordinate Liens and Encumbrances.

Collateral 52

Collateral Lender Foreclosure Judgment 52