Collateral Debtor Foreclosure 
Roths Child Law
SEPTEMBER 21, 2023
Bankruptcy is a complex procedure that aims to give debtors a fresh start while ensuring creditors get as much repayment as possible. It prevents any form of harassment, foreclosure and nearly all other collection actions. When someone files for bankruptcy, an essential provision called the automatic stay comes into play.
Jimerson Firm
NOVEMBER 23, 2020
When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. The “Recoverable Value” is “the net dollar amount that a prudent lender could reasonably expect to recover by liquidating a particular piece of collateral.” See SOP 50 57. Liquidation Methods.
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Jimerson Firm
NOVEMBER 13, 2020
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. Lien Foreclosure. See SOP 50 57.
Jimerson Firm
DECEMBER 30, 2020
Before liquidating any collateral or incurring costs of litigation, Lenders and CDCs should make a good faith effort to first negotiate a “workout agreement” with the borrower. 60 calendar days), the lender/CDC must move forward with liquidating the collateral. SOP 50 57 ; SOP 50 55. SOP 50 57 2; SOP 50 55.
Sawin & Shea
SEPTEMBER 14, 2022
An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. With consumer debts, co-debtors receive the protection of an automatic stay. How Does Consumer and Non-Consumer Debt Impact Your Chapter 7 Bankruptcy Filing?
Troutman Sanders
FEBRUARY 26, 2021
In denying summary judgment, this decision serves as a reminder to servicers to ensure a thorough review of correspondence from a borrower to evaluate whether they may file for nonjudicial foreclosure without implicating the FDCPA or state collection laws. In that case, the plaintiffs fell behind on their mortgage payments.
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? 1), Fla.
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