Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. Upon default by the borrower, the lender/mortgagee can enforce the assignment of rents provided the lender/mortgagee makes written demand to the borrower for payment of the rents.

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Jimerson Firm

DECEMBER 30, 2020

In the event a borrower is seriously delinquent on making payments under a SBA loan, or the SBA loan is classified in liquidation status, lenders and CDCs must develop a prudent and commercially reasonable strategy to maximize their recovery on the loan. 60 calendar days), the lender/CDC must move forward with liquidating the collateral.

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Loans Collateral Lender Foreclosure 98

Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action. Orders to Show Cause Under Section 702.10, Florida Statutes. Under Section 702.10(1),

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Jimerson Firm

JULY 30, 2020

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults.

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Lender Foreclosure Loans Banks 98

Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. 702.015(4) , Fla.

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Jimerson Firm

NOVEMBER 23, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. Lenders must liquidate all personal property that has a Recoverable Value over $5,000. In Florida, the lender can choose from the following methods: UCC Sale. See SOP 50 57. Liquidation Methods.

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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. The property was acquired by a “person affiliated with” the foreclosing lender or the borrower.

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Troutman Sanders

DECEMBER 7, 2023

Troutman Pepper ranks among the top law firms globally for its fintech practice in the Chambers FinTech Guide 2024 released this week. The firm achieved four new department Band ratings, and Partners James Kim and Kim Phan continue to be recognized as leading practitioners in the space. Learn more at troutman.com.

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Jimerson Firm

DECEMBER 15, 2020

As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action. Additionally, as briefly discussed in part 5 of this series, during the foreclosure action, lenders have options to try to preserve the value of the underlying collateral and to minimize further losses.

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Foreclosure Lender Banks Collateral 98

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 a Receiver, and Why are They Important?

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Troutman Sanders

MAY 16, 2023

Transcript: CFPB’s Section 1071 Final Rule (Part 2): Deep Dive on Data Collection and Discouragement Stay tuned for Part 3, which focuses on specific areas for consideration, including those especially troublesome for small business lenders.

Collections 52

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Katabat

JANUARY 24, 2020

The conference, occurring February 3–6, 2020, brings together key participants in the receivables management industry, including debt buying companies, collection agencies, collection law firms, brokers, originating creditors, and affiliates.

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Collection Industry News

JUNE 21, 2021

Through a stroke of lucky timing, the New York Department of Financial Services (NYDFS) had gained traction with a reorganized and strengthened consumer advocacy mission just before the COVID-19 pandemic erupted in early 2020. Schoenthal, a partner with the New York City firm law firm Goodwin Proctor LLP.

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Law Firms Financial services Lender Collections 40

Jimerson Firm

JULY 7, 2020

You Need a Verified Complaint appeared first on Jimerson Birr Law Firm. Authors: Austin B. Calhoun, Esq. Melissa Murrin, JD Candidate 2021. The post Bringing a Residential Foreclosure Action?

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Foreclosure Law Firms Government Financial services 81

Jimerson Firm

JULY 20, 2020

Accordingly, banks or other residential mortgage lenders should be aware of the requirements under Section 702.015 to ensure they properly bring their mortgage foreclosure action and avoid any possible sanction the court may order for failure to comply. Authors: Austin B. Calhoun, Esquire. Melissa Murrin, JD Candidate.

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Jimerson Firm

NOVEMBER 16, 2020

When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. appeared first on Jimerson Birr Law Firm. 679.609, Fla. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession.

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Secured Creditor Collateral Repossession Creditors 69

Katabat

JANUARY 5, 2021

January 5, 2021, Wilmington, DE – Katabat, a leading global provider of debt management software solutions for lenders, fintechs, and collection agencies, announced today that it has acquired Simplicity Collection Software of Idaho Falls, Idaho. Terms of the transaction were not disclosed. About Terminus Capital Partners.

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Collections Acquisition Collection Agencies Collections Agency 40

Katabat

JANUARY 5, 2021

January 5, 2021, Wilmington, DE – Katabat, a leading global provider of debt management software solutions for lenders, fintechs, and collection agencies, announced today that it has acquired Simplicity Collection Software of Idaho Falls, Idaho. Terms of the transaction were not disclosed. About Terminus Capital Partners.

Collections 40

Collections Acquisition Collection Agencies Collections Agency 40

Collection Industry News

OCTOBER 2, 2023

The Supreme Court is set to hear oral arguments Tuesday in a case with the potential to gut the Consumer Financial Protection Bureau, a watchdog agency created in the wake of the 2008 financial crisis. Community Financial Services Association of America — hinges on the constitutionality of the agency’s funding.

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Government Credit Unions Credit Unions Trade 40

Jimerson Firm

JULY 1, 2020

When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Therefore, it is critical for lenders to confirm that no prior assignment exists on life insurance collateral prior to taking the collateral on as security for a loan.

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Collateral Loans Lender Secured Creditor 98

PDC Flow

AUGUST 18, 2020

Owner, Bedard Law Group, P.C. I started my career representing mortgage lenders and mortgage brokers in the late 1990’s. At the time, my practice focused on helping lenders and brokers comply with the myriad of state and federal laws which regulate their businesses across the country. It was really by accident.

Collections 98

Collections Debt collector Law Firms Trade 98

Jimerson Firm

SEPTEMBER 28, 2020

Constructive service, i.e., publication, is sufficient to fulfill the notice requirement in an action for residential mortgage foreclosure, if done properly. Since many defendants in Florida are served by publication in a residential mortgage foreclosure, it is imperative that lenders are aware and follow the above-mentioned requirements.

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Foreclosure Construction Judgment Lender 98

Troutman Sanders

JANUARY 17, 2023

On January 13, the Federal Reserve Board (Fed) released results of a survey of senior financial officers at banks about their strategies and practices for managing reserve balances. On January 13, the Fed announced preliminary financial information, indicating that the Federal Reserve Banks had estimated net income of $58.4

Financial services 52

Financial services Student loans Student Loans Education 52

Troutman Sanders

MARCH 4, 2024

On February 29, the Consumer Financial Protection Bureau (CFPB) issued a circular to law enforcement agencies and regulators explaining how companies operating comparison-shopping tools can break the law when they steer consumers to certain products or lenders because of kickbacks. For more information, click here.

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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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Financial services Foreclosure Lender Judgment 52

Troutman Sanders

NOVEMBER 7, 2023

Small Business Administration (SBA) announced that it has granted three new Small Business Lending Company (SBLC) licenses to lenders focused on historically underserved markets — the first expansion of the SBLC program in more than 40 years. For more information, click here. On November 1, the U.S. For more information, click here.

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Financial services Debt collector Loans Foreclosure 52

Collection Industry News

MAY 23, 2022

“It is likely that eventually the Supreme Court will have to decide the funding issue eventually,” said Rich Samp, senior litigation attorney at the New Civil Liberties Alliance, a nonprofit law firm that litigates against federal administrative agencies. When conditions are right, the rest will follow.”. Bryan Steil, R-Wisc.,

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