Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act? Conclusion.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

FDCPA Defense

FEBRUARY 3, 2019

2012) (intent of debtor at time of purchase controls). Even where a “debt” is involved, there is still the question of whether you or your law firm are engaged in “debt collection” under the FDCPA. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. Alexander, et al 698 F.3d

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

The McHughes Law Firm

AUGUST 29, 2016

Myth No 3: If I Can Not Collect the Debt Myself, the Debtor Will Not Pay. 5: Debt Collectors Hound Debtors and Make Threats. Debt collection is governed by the Fair Debt Collection Practices Act , which has specific guidelines for contacting debtors. For example, a debtor can request not to be contacted at work.

Collections 40

Collections Debtor Law Firms Collection Agencies 40

Jimerson Firm

DECEMBER 30, 2020

Essentially, a workout agreement restructures the material terms and conditions of the SBA loan in order to: avoid actions such as foreclosure or bankruptcy; allows the borrower to cure the default and improve their ability to repay the loan; and enables the lender or CDC to maximize their recovery on the loan. SOP 50 57 ; SOP 50 55.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

JULY 30, 2020

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. Part 2: Pre-Foreclosure Loss Mitigation Options. See, e.g. , Guirlinger v. Goldome Realty Credit Corp.,

Lender 98

Lender Loans Foreclosure Judgment 98

FDCPA Defense

FEBRUARY 1, 2018

One line of cases creates a duty to disclose to the debtor that the amount of the debt may be increasing due to accruing interest, fees or other charges. To avoid confusion to the debtor, the Avila Court held that use of the “safe harbor” language from the Miller case would be sufficient. Riexinger & Associates, LLC , 817 F.3d

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

Troutman Sanders

JANUARY 11, 2021

The Seventh Circuit determined that general confusion or intimidation by itself is insufficient to meet the injury element of the standing requirement; however, if the debtor acts on that confusion or intimidation to her detriment, then injury may be suffered. Thrasher, Buschmann & Voelkel, P.C.

Accrued Interest 52

Accrued Interest Judgment Fair Debt Collection Law Firms 52

Troutman Sanders

MAY 24, 2021

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. Under prior mayoral orders, initiating communication with a debtor is prohibited while the emergency remains in effect and for 60 days thereafter.

Financial services 52

Financial services Foreclosure Banks Law Firms 52

FDCPA Defense

JANUARY 22, 2017

As you evaluate your firm’s risk to these cases, you will want to review every consumer-facing interaction of the firm top to bottom, including any letter forms utilized, your standard telephone practices and voicemail messages, the complaints, pleadings, discovery requests, and the post-judgment collection practices you employ.

Collections 40

Collections Judgment Creditors Law Firms 40