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SBA Loans: How to Maximize Recovery by Liquidating Real Property

Jimerson Firm

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000. See SOP 50 57.

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How Lenders Can Avoid Losing Their Collateral by Paying Off the Borrower’s Property Tax Obligations

Jimerson Firm

How Do Property Taxes Result in Loss of Collateral? If the borrower is delinquent in paying its property taxes, a tax certificate may be sold for the past-due taxes, which could lead to a tax deed sale of the collateral. How to Get a Deficiency Judgment After a Foreclosure Sale.

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Foreclosing on Property With a Mobile Home

Jimerson Firm

If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. 1) The Mobile Home Existed at the Time of the Mortgage and Is Identified as Collateral in the Mortgage Documents.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. A complaint is filed, then the borrower has the ability to respond to the complaint and assert defenses. Interim Relief.

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How to Foreclose on Mortgaged Land in Different Counties

Jimerson Firm

The court found that the lender properly filed a foreclosure action on both mortgages in just Pinellas County because both mortgages jointly constituted the collateral for a single loan. The recipient clerks will record the decrees in the foreign judgment book. Flagship Cmty Bank , 96 So. 3d 452 (Fla. Conclusion.

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What Lenders Need to Know About § 702.036 and the Finality of Foreclosure Sales

Jimerson Firm

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. Therefore, if a final judgment of foreclosure of a mortgage is void, the trial court must vacate the judgment.

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Overview of Florida’s New Uniform Commercial Real Estate Receivership Act

Jimerson Firm

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.