Jimerson Firm

FEBRUARY 3, 2021

Foreclosures in Florida are judicial, meaning the secured creditor must file a lawsuit. 1) The Mobile Home Existed at the Time of the Mortgage and Is Identified as Collateral in the Mortgage Documents. 2) The Mobile Home Did Not Exist at the Time of the Mortgage and Is Not Listed as Collateral in the Mortgage Documents.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Sawin & Shea

NOVEMBER 15, 2023

If a debtor has assets that are not protected under those statutes, the trustee can liquidate those items and use the proceeds to pay creditors back something. In broad terms, if a debt is secured, it means it is backed up by collateral property. If a debt is unsecured, no collateral is put up as a guarantee to pay.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Burr Forman

JANUARY 26, 2022

In addition, he serves as the Atlanta Office Managing Partner while practicing in the firm’s Creditors’ Rights and Bankruptcy and Lending Practice Groups. Hall was named in the Bankruptcy & Creditors’ Rights, including Litigation specialty.

Lawyers 52

Lawyers Bankruptcy Unsecured Creditor Creditors 52

Jimerson Firm

MARCH 12, 2021

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. Flagship Cmty Bank , 96 So. 3d 452 (Fla. 2d DCA 2012) , the loan was secured by two mortgages: one in Pinellas County and the other in Hillsborough County.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

AUGUST 7, 2020

The receiver will also be required to post with the court a bond that is conditioned on the faithful discharge of the receiver’s duties, is issued by one or more sureties approved by the court, is in an amount specified by the court, and is effective as of the date of the receiver’s appointment. Make a distribution of receivership property.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

MAY 26, 2021

Therefore, if the foreclosing lender buys the collateral at the foreclosure sale, it should obtain title insurance because it is possible that the sale could be invalidated and the collateral returned to the borrower’s ownership. 702.036(2). When Can the Foreclosure Sale Be Invalidated? 90 CWELT-2008 LLC v. Conclusion.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

DECEMBER 15, 2020

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. As discussed in parts 1-4 of this series, lenders have several options prior to instituting a commercial foreclosure action.

Foreclosure 98

Foreclosure Lender Banks Collateral 98

The Creditors Rights

MAY 24, 2016

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. 819 (9 th Cir.

Bankruptcy 40

Bankruptcy Debtor Creditors Collateral 40

Consumer Financial Services Law

DECEMBER 29, 2016

I was one of four attorney members of the National Creditors Bar Association in attendance. Lastly, all groups encouraged the Bureau to publish the rules for creditors at the same time as the rules for the third party collectors. We were joined by representatives from the American Collectors Association and the Debt Buyers Association.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

The Creditors Rights

JULY 5, 2016

Each lender was a net winner of the Ponzi scheme and, therefore, not a creditor of the bankruptcy estate of its specific SPE when the bankruptcy filings occurred. This is because bankruptcy proceedings typically involve a myriad of parties, making the need to limit collateral appeals more acute. They were not creditors of the estates.

Lender 40

Lender Bankruptcy Creditors Collateral 40

Jimerson Firm

MAY 12, 2021

Lenders need to be aware of these obligations and implement standard procedures to get into compliance with the Rule, and follow best practices to preserve the value of the collateral. Conduct a diligent search to identify potential successors in interest. Who is a “Successor in Interest”? Author: Austin B. Calhoun, Esq. Murrin, JD Candidate.

Collateral 52

Collateral Lender Loans Foreclosure 52

Jimerson Firm

OCTOBER 22, 2020

. & Loan Ass’n of Panama City, 516 So. 2d 344, 345 (Fla. 1st DCA 1987) (identifying guidelines for a court to consider when determining whether to appoint a receiver).

Foreclosure 94

Foreclosure Lender Judgment Collateral 94