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Traditionally, the appointment of a receiver was considered to be an extraordinary remedy, which must be exercised with caution as it is in derogation of the legal owner’s fundamental right to possession of the property. See Barnett Bank, N.A. Wells Fargo Bank, Nat’l Ass’n, 72 So. Bank Nat’l Ass’n v. Bank, 700 So.
Bank of America, N.A., 3d DCA 2006) (“In Florida, an acceleration clause in a mortgage confers a contract right upon the note or mortgage holder which he or she may elect to enforce upon default.”). Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. First Nat’l Bank & Tr.,
The post A Proper Final Judgment of Foreclosure: Form 1.996(a) appeared first on Jimerson Birr LawFirm. Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
Repossession efforts may be lawful, provided the debtor does not object, and the collateral is taken from unenclosed parts of the debtor’s property, such as the driveway. Barnett Bank of Pensacola , 397 So. The post SBA Loans: How to Maximize Recovery by Liquidating Personal Property appeared first on Jimerson Birr LawFirm.
Florida courts have also found a secured creditor breached the peace, if the secured creditor damaged the debtor’s property during repossession efforts, or used force to repossess the collateral. Barnett Bank of Pensacola , 397 So. Id ; Marine Midland Bank-Central v. Marine Midland Bank-Central , 351 So.
The post Florida’s Fast-Track Residential Foreclosure Process appeared first on Jimerson Birr LawFirm. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
The post Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion appeared first on Jimerson Birr LawFirm. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes appeared first on Jimerson Birr LawFirm.
Barnett Bank of Alachua Cty., The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101 appeared first on Jimerson Birr LawFirm. Appointment of a Receiver. Additionally, lenders/servicers can request the court to appoint a receiver.
The post How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement appeared first on Jimerson Birr LawFirm. SBA Loans: How to Maximize Recovery by Liquidating Personal Property.
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes appeared first on Jimerson Birr LawFirm.
The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr LawFirm. Loan Modification and Deferment Requirements for SBA Lenders. SBA Loan Site Visits: How to Prepare and What to Expect.
The post Overview of Florida’s New Uniform Commercial Real Estate Receivership Act appeared first on Jimerson Birr LawFirm. Authors: C. Ryan Maloney, Esq. Melissa Murrin, J.D. Candidate 2021.
If a lawfirm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter? Meyer Njus Tanick,P.A., 3d_, 2020 WL 35431 (6th Cir.
d) any parent entity, subsidiary, or other person who directly, or indirectly through one or more intermediaries, controls or is controlled b, or is under common control with, any entity listed in paragraph (a), paragraph (b), or paragraph (c).
Deutsche Bank Tr. The post Serving a Defendant in a Residential Foreclosure Action by Publication appeared first on Jimerson Birr LawFirm. See Shepheard v. Americas , 922 So. 2d 340 (Fla. Authors: Austin B. Calhoun, Esquire. Melissa Murrin, JD Candidate 2021.
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