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. When Can the Foreclosure Sale Be Invalidated? Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

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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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Consumer Financial Services Law

FEBRUARY 1, 2018

The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. With the Tenth Circuit’s decision the circuits remain split with the Ninth Circuit and now the Tenth Circuit holding that non-judicial foreclosures are not debt collection activity and the Fourth, Fifth and Sixth Circuits holding that they are.

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Jimerson Firm

JULY 20, 2020

In 2013, the Legislature enacted Section 702.015 , Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited foreclosure proceedings in conformity with Section 702.015.

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. It is unclear what impact the decision on the debt collection and foreclosure industry beyond the limited facts of the case, but as in Henson v.

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Consumer Financial Services Law

FEBRUARY 18, 2019

McCarthy & Holthus LLP regarding whether non-judicial foreclosures qualify as debt collection under the FDCPA, the Sixth Circuit doubled down on its position that non-judicial foreclosures are debt collection. Trott Law, P.C. Building on its 2013 decision in Glazer v. Chase Home Finance LLC., 3d 453 (6th Cir. In Scott v.

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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. The answer to the question of whether hotel revenues constitute rent under Section 697.07, Florida Statutes, may depend upon the district in which the foreclosure action is pending.

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Foster Swift

APRIL 28, 2019

For many, the term “debt collection” calls to mind threatening letters and harassing, late-night phone calls.

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Burr Forman

SEPTEMBER 14, 2020

Bay Area Legal is a nonprofit law firm that serves residents in the Tampa Bay area by providing free civil legal services. Jacqueline serves as a Partner in the firm’s Financial Services group with a focus on financial litigation and compliance.

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Jimerson Firm

NOVEMBER 13, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. In Florida, the lender can choose from the following methods: Deed in Lieu of Foreclosure. Lien Foreclosure. See SOP 50 57.

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FFGN COLLECT NY

JUNE 12, 2022

If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. Make sure when engaging collection counsel, whether it be for demand, mediation, arbitration, foreclosure of mechanics lien, or judgment recovery, they do the right thing.

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Sawin & Shea

JANUARY 11, 2024

Guidance: Opting for a course from an established bankruptcy law firm often means gaining financial skills guidance from professionals well-versed in bankruptcy law and processes. If this fee would cause hardship, you can always ask if the provider will use a sliding scale for your enrollment fees.

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Collection Industry News

DECEMBER 21, 2020

In January 2009, after a homeowner (“debtor”) fell behind on his homeowners’ association (HOA) dues, a law firm acting as a debt collector for the HOA sent notices to the debtor regarding the unpaid debt. The law firm filed a separate proof of claim for the HOA, and the debtor’s Chapter 13 plan was eventually confirmed.

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Debt Free Colorado

MARCH 1, 2022

Don’t hire an out-of-state “law firm” to modify your loan – there are a number of free options you can take advantage of by contacting your loan servicer directly. Get in touch with one of our reliable Denver bankruptcy attorneys at the Law Office of Clark Daniel Gray for helpful legal advice. . Don’t fret.

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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.

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Jimerson Firm

OCTOBER 21, 2020

If a unit owner fails to pay assessments, the association has a statutory right to file a claim of lien and subsequent lien foreclosure. In other words, a legal action to foreclosure the lien must be commenced within one (1) year of filing the claim of lien. appeared first on Jimerson Birr Law Firm. Perfecting the Lien.

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Jimerson Firm

NOVEMBER 11, 2020

a bankruptcy filing, business shutdown, or foreclosure by a prior lienholder) that caused the loan to be classified in liquidation status or sooner if the collateral could be removed, lost, or dissipated. The post SBA Loan Site Visits: How to Prepare and What to Expect appeared first on Jimerson Birr Law Firm.

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Jimerson Firm

NOVEMBER 23, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. Lien Foreclosure. The post SBA Loans: How to Maximize Recovery by Liquidating Personal Property appeared first on Jimerson Birr Law Firm.

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FDCPA Defense

FEBRUARY 3, 2019

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. These cases arose in the context of non-judicial foreclosures. 3d 944 (11th Cir.

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Consumer Financial Services Law

MARCH 15, 2018

2018), a letter from a law firm advising the consumer that the creditor would not seek recovery of the deficiency balance resulted in an FDCPA claim. Pursuant to our conversation, I informed you that we have received the executed Warranty Deed in Lieu of Foreclosure signed by the Hagy[s]. Demers & Adams, 2018 U.S.

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Debt Free Colorado

MARCH 3, 2023

Every case is unique, and every case merits the careful consideration of a law firm dedicated to providing specialized bankruptcy solutions. Are you at risk of falling into foreclosure, being evicted, or having your utilities cut off? After Filing for Bankruptcy, am I Still Able to Own Property? What Can’t Bankruptcy Do?

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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.

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Credit Corp

AUGUST 25, 2020

Repossession and foreclosure. Repairing your credit with Lexington Law can help you save money. John C Heath, Attorney at Law, PC, d/b/a Lexington Law Firm is an independent law firm that uses Progrexion as a provider of business and administrative services. Get Help Now. Privacy Policy.

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The McHughes Law Firm

AUGUST 29, 2016

Debt collection attorneys have procedures – including wage garnishments, property foreclosures, and bank levies – that can be utilized to collect on unpaid debt. The post What New Business Owners Need To Know To Collect Debt appeared first on McHughes Law Firm.

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Troutman Sanders

JANUARY 11, 2021

In response, the HOA hired the law firm of Thrasher, Buschmann & Voelkel, P.C. (“TBV”). The Gunns conceded that the statement was both factually and legally true, but they contended that the statement was false or misleading because TBV would have found it too costly to pursue foreclosure to collect the $2,000.00

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FDCPA Defense

FEBRUARY 1, 2018

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. California law does not allow for a deficiency judgment following non-judicial foreclosure.

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FDCPA Defense

AUGUST 19, 2013

But how often must a lawyer or a law firm engage in consumer debt collection activities before they are subject to the Act? This question has taken on increasing importance in recent years as more law firms have integrated collection work into their existing practices. See Wadas , 2013 WL 3928631, at *5. Frankel , 197 F.3d

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Consumer Financial Services Law

MARCH 15, 2019

In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. In 2016, the bank engaged the defendant law firm to foreclose on the underlying real property. The law firm then sent Ms. Tyler sued the law firm, claiming the letter violated 15 U.S.C. Trott Law, P.C.

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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.,

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FDCPA Defense

JANUARY 22, 2017

July 11, 2014) (denying motion to dismiss FDCPA class action complaint; defendant sent letters to class seeking to collect late fees and threatening foreclosure allegedly in violation of California law); McCarter v. JQD, LLC , 2014 WL 3404945 (N.D. Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D. 3d 1109 (9th Cir. Johnson, et al.,

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Troutman Sanders

APRIL 11, 2022

On April 6, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will require servicers to suspend foreclosure activities for up to 60 days if the servicer has been notified that a borrower has applied for assistance from the Treasury Department’s Homeowner Assistance Fund. For more information, click here.

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Troutman Sanders

MAY 16, 2022

The businesses allegedly impersonated law enforcement officers, government officials, process servers, and law firm personnel to scare or intimidate consumers into paying alleged debts. For more information, click here. Engel , 37 N.Y.3d For more information, click here.

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Financial services Foreclosure Lender Judgment 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. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

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Financial services Foreclosure Banks Law Firms 52

Troutman Sanders

NOVEMBER 7, 2023

The AG’s office alleged that the company used “deceptive methods” to solicit homeowners facing foreclosure and failed to provide the services they promised. Per the settlement agreement, the company allegedly sent mailers that offered foreclosure prevention services and access to “housing counselors,” but failed to deliver on its services.

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