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.

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Consumer Financial Services Law

DECEMBER 21, 2016

The case arose from the law firm’s post judgment efforts to garnish wages. A recent decision by a Minnesota district court sheds some light on the issue and provides a positive decision for debt collection attorneys. Unifund CCR, LLC, 2016 U.S. LEXIS 168707 (Dec.

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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.

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Foreclosure Judgment Law Firms Bankruptcy 98

Jimerson Firm

AUGUST 7, 2020

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla. Conclusion. Authors: C. Ryan Maloney, Esq.

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Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. The disclosure at issue placed the law firm in a somewhat awkward position.

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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.

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Consumer Financial Services Law

OCTOBER 12, 2016

The Eleventh Circuit recently joined the First and Eighth Circuits in concluding that the FDCPA’s venue provision does not apply to post-judgment garnishment proceedings. Post judgment, the law firm filed a garnishment proceeding against the consumer’s bank seeking to collect on the judgment. 1692i(a)(2).

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Consumer Financial Services Law

FEBRUARY 18, 2019

2013), which joined the Fourth and Fifth Circuits in holding that non-judicial foreclosures are “debt collection” under the FDCPA, the Sixth Circuit held on January 11 that a law firm has an affirmative duty to “stop the clock” on an initiated foreclosure once it receives a §1692g(b) dispute from the debtor. Trott Law, P.C.

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Consumer Financial Services Law

FEBRUARY 17, 2020

A series of post judgment garnishments. In Van Hoven , a law firm enforced a judgment by filing a series of garnishments. With each garnishment, the law firm included within the post-judgment costs accrued to date their garnishment filing fees. The law firm appealed. in attorney’s fees.

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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.

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Foreclosure Lender Law Firms Collections 98

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. The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr Law Firm.

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FFGN COLLECT NY

JANUARY 13, 2021

New York Debt Collection Laws. As of today, New York does not require licensing for collection agencies or collection law firms. Judgment enforcement and more are conducted without state court scrutiny. This is contrary to the licensing required of collection agencies by more than 20 states.

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Judgment Enforcement Collections Debt collector Law Firms 40

Jimerson Firm

JANUARY 24, 2023

3d DCA 2013), the beneficiaries of a family trust brought an action against the trustee (an attorney), the trustee’s law firm, and the trustee’s son for breach of trust. For example, in McCormick v. Cox , 118 So. 3d 980 (Fla. 736.1002(5).

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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. Purchasers of Foreclosed Property May be Protected. Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

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Consumer Financial Services Law

APRIL 21, 2017

This week the CFPB filed suit in the Northern District of Ohio against Weltman, Weinberg & Reis, an Ohio law firm. The complaint is a continuation of the CFPB’s attack on collection law firms and their level of meaningful involvement. As we have stated before, this approach is problematic on a number of levels.

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Consumer Financial Services Law

MARCH 15, 2019

In 2016, the bank engaged the defendant law firm to foreclose on the underlying real property. The law firm then sent Ms. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. Tyler sued the law firm, claiming the letter violated 15 U.S.C.

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Bankruptcy Foreclosure Law Firms Creditors 40

Consumer Financial Services Law

JUNE 7, 2017

June 1, 2017), the consumer sought to assert an FDCPA claim against a law firm, contending that the law firm attempted to collect a debt arising out of a state court judgment by demanding payment of an incorrect sum based on the calculation of an interest rate not authorized by law. LEXIS 9667 (4 th Cir.

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Jimerson Firm

JULY 20, 2020

The original note and the allonges must be filed with the court before the entry of any judgment of foreclosure or judgment on the note. 673.3091 (2) shall be provided before the entry of final judgment. (c)?Include Related Article in Banking & Financial Services Industry: Bringing a Residential Foreclosure Action?

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BN Lawyers

MARCH 21, 2019

Obduskey, a homeowner, sued McCarthy & Holthus, asserting that the law firm had violated the FDCPA when it proceeded with a non-judicial foreclosure prior to responding to a timely request for debt validation under Section 1692g of the FDCPA. Similar risks may lie in wait for attorneys who pursue replevin actions.

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FDCPA Defense

MARCH 2, 2014

Telephone harassment, consumer disputes and voice mail messages were a focus of the July 9, 2013 Stipulated Order For Permanent Injunction and Monetary Judgment between the FTC and Expert Global Solutions, Inc., NCO also agreed to judgment for a civil penalty totaling $3.2 f/k/a NCO Group, Inc. (“NCO”). and Chase Bank USA, N.A.

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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. The plaintiff must strictly comply with the requirements for constructive service to ensure the defendant is notified of the foreclosure proceeding. Failure to Comply With Requirements. 2d 340 (Fla.

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Troutman Sanders

MARCH 4, 2024

State Activities: On February 28, New York AG Letitia James (D) announced that her office secured more than $650,000 from a debt collection law firm and its subsidiary for filing allegedly frivolous lawsuits and “harming … New Yorkers.” For more information, click here.

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Financial services Law Firms Acquisition Debt collector 52

Troutman Sanders

MAY 16, 2022

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest legislative and regulatory events at the federal and state levels to impact the Consumer Finance Services industry this past week: Federal Activities. State Activities. Privacy and Cybersecurity Activities. For more information, click here.

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