Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?

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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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Burr Forman

AUGUST 19, 2021

David Houston IV – Nashville, Litigation and Bankruptcy. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Christopher Carson – Commercial Litigation, Litigation – Bankruptcy, Mass Tort Litigation / Class Actions – Defendants. Ronald Farley – Birmingham, Administrative/Regulatory Law.

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Consumer Financial Services Law

MARCH 15, 2019

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. Fabrizio & Brook, P.C., LEXIS 33450 (E.D.

Bankruptcy 40

Bankruptcy Foreclosure Law Firms Creditors 40

Troutman Sanders

APRIL 28, 2023

Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt. On April 24, the Colorado Supreme Court issued a highly anticipated decision, available here.

Bankruptcy 52

Bankruptcy Foreclosure Lender Loans 52

Consumer Financial Services Law

AUGUST 27, 2019

Enloe A First Circuit Bankruptcy Appellate Panel (the “Panel”) recently held that a mortgage company’s communications did not violate the discharge injunction when viewed under an objective standard and considering the facts and circumstances surrounding the communications. By Caren D. 21st Mortg. 427 (2019).

Bankruptcy 40

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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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True Accord

AUGUST 11, 2022

Overall, lower levels of financial literacy end up contributing to increased rates of bankruptcy, defaults, and foreclosures. And individuals become more susceptible to going further into debt if they don’t have a solid foundational understanding of what happens when they first fall behind.

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Acquisition Debt Recovery Education Student loans 75

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. Within fifteen (15) days of the occurrence of an adverse event (i.e.

Collateral 98

Collateral Loans Lender Repossession 98

Burr Forman

SEPTEMBER 14, 2020

The Council’s membership consists of 20-25 community-leaders in diverse fields that consist of medicine, real estate, insurance, education, financial services, accounting, media, law, small business, human resources, law enforcement, and ministry. Members are influential leaders with a demonstrated commitment to Bay Area Legal.

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Jimerson Firm

FEBRUARY 10, 2022

At the same time, however, the account owner/debtor is still responsible for the balance, and the lender/creditor can still make an effort to collect what is owed, with obvious exceptions being discharged or dischargeable bankruptcy filings. Servis One, Inc., 3d 1039, 1047 (M.D. In re Petty , 3:19-AP-0060-JAF, 2021 WL 1235369, at *3 (Bankr.

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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. For example, when a borrower becomes insolvent or files for bankruptcy, the lender can still attempt to mitigate its damages by seeking to recover all or a portion of its damages from the guarantor.

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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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Loans Collateral Lender Foreclosure 98

Consumer Financial Services Law

JANUARY 5, 2021

Court of Appeals for the Ninth Circuit recently held that a mortgage servicer had a permissible purpose for pulling the consumer reports of three borrowers for whom it serviced two mortgages even though the borrowers’ personal liability on the mortgages had been discharged in bankruptcy. Ocwen Servicing, LLC , 978 F.3d

Foreclosure 40

Foreclosure Bankruptcy Judgment Lender 40

Consumer Financial Services Law

NOVEMBER 12, 2019

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. If this account is active or has been discharged in a bankruptcy proceeding, be advised this communication is for informational purposes only and is not an attempt to collect a debt. Nationstar Mortg., 3d 1270 (11th Cir.

Bankruptcy 40

Bankruptcy Creditors Legal Rights Foreclosure 40

BN Lawyers

JANUARY 14, 2019

the defendant initiated non-judicial foreclosure proceedings during the consumer’s thirty-day FDCPA validation period. Trott filed a response opposing the injunction, and just hours prior to the hearing on the motion for the preliminary injunction, Scott filed for Chapter 13 bankruptcy. Trott Law, P.C. ,

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Better Credit Blog

AUGUST 4, 2020

If you’ve come across a hard inquiry from FNB Financial on your credit report, you may be wondering whether or not it’s legit. Short for the First National Bank of Omaha, FNB National is a popular bank for several personal and professional financial services and products, including: Banking. Foreclosures. Home loans.

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Banks Lender Loans Student loans 52

Better Credit Blog

DECEMBER 30, 2020

Short for Dell Financial Services/Webbank, the entry is probably on your report because you applied for a Dell Preferred Account. Most of the time, a hard inquiry from a lender or service provider is nothing to panic over. WebBank partners with Dell Financial Services, backing their financing plans. Foreclosure.

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Lender Financial services Loans Repossession 52

Better Credit Blog

NOVEMBER 23, 2020

Financial services. If you’re dealing with more than just debt collectors, these companies can help get you on track, whether you’re recovering from bankruptcy, foreclosure, a judgment, or repossession. Several companies offer multiple subscriptions, so you only have to pay for the level of service you need.

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Troutman Sanders

FEBRUARY 8, 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. The act would reform the current bankruptcy code due to the COVID-19 pandemic. You may access this interactive tool at [link].

Financial services 52

Financial services Foreclosure Student loans Student Loans 52

Troutman Sanders

JULY 26, 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.

Financial services 52

Financial services Student loans Student Loans Garnishment 52

Troutman Sanders

FEBRUARY 13, 2024

On February 8, a New York bankruptcy judge ruled against cryptocurrency exchange Gemini’s claim that it has a secured claim on more than $800 million in Genesis Global Capital assets. She also expressed concern about the risks posed by stablecoins to the financial system. The final settlement required the defendants to pay $10.9

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Financial services Student loans Student Loans Collection Agencies 52