Jimerson Firm

APRIL 2, 2021

Lenders must pay particular attention to subordinate liens and encumbrances prior to initiating any foreclosure action. Lenders can discover whether subordinate liens and encumbrances exist on a property by performing a title examination prior to initiating foreclosure. Services, Inc. Subordinate Liens. York, 903 So.

Lender 97

Lender Foreclosure Judgment Collateral 97

Jimerson Firm

MAY 26, 2021

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. When Can the Foreclosure Sale Be Invalidated? Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

MAY 17, 2021

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. What is Standing? Craven-Lazarus v. Pennymac Holdings, LLC, 199 So.

Foreclosure 52

Foreclosure Lender Judgment Banks 52

Jimerson Firm

JANUARY 22, 2021

We have explored pre-foreclosure loss mitigation options ( Part 2) ; commercial mortgage default options including acceleration and enforcement of personal guarantees ( Part 3 ); and assignment of rents under Section 697.07, Florida Statutes (Part 4 ). Part 2: Pre-Foreclosure Loss Mitigation Options. Avoiding Lender Liability.

Foreclosure 98

Foreclosure Lender Loans Collateral 98

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.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

JULY 20, 2020

In 2013, the Legislature enacted Section 702.015 , Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited foreclosure proceedings in conformity with Section 702.015.

Foreclosure 52

Foreclosure Banks Judgment Financial services 52

Jimerson Firm

MAY 24, 2021

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.

Collateral 52

Collateral Lender Foreclosure Judgment 52

Troutman Sanders

AUGUST 1, 2023

On July 27, the Financial Innovation and Technology for the 21st Century Act passed the House Committee on Agriculture. The bill previously passed the House Committee on Financial Services on July 26. For more information, click here. As part of the introduced public resolution, Councilmember Robert C.

Financial services 52

Financial services Financial Institution Debt collector Trade 52

Jimerson Firm

FEBRUARY 2, 2021

Environmental Investigations are required, for example, before a lender or CDC can acquire the title to commercial real property collateral by purchasing it at a foreclosure sale or accepting a deed-in-lieu of foreclosure, or taking over the operation of a borrower’s business that uses a hazardous substance.

Lender 76

Lender Collateral Loans Foreclosure 76

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.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

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. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Who is a “Successor in Interest”?

Collateral 52

Collateral Lender Loans Foreclosure 52

Collection Industry News

MAY 18, 2021

2547 was sponsored by House Financial Services Committee Chairwoman Rep. 2547, the Non-Judicial Foreclosure Debt Collection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019. Clarify FDCPA coverage for non-judicial foreclosures. The bill, H.R.

Lender 40

Lender Foreclosure Collections Debt collector 40

Consumer Financial Services Law

MARCH 15, 2018

Pursuant to our conversation, I informed you that we have received the executed Warranty Deed in Lieu of Foreclosure signed by the Hagy[s]. Furthermore, you inquired as to should a deficiency balance be realized after the sale of the collateral would Green Tree pursue Mr. & Mrs. Hagy for the amount of the deficiency. Hagy at *7-8.

Collateral 40

Collateral Debt collector Foreclosure Law Firms 40

Troutman Sanders

OCTOBER 13, 2020

On October 1, the Federal Reserve Board extended temporary actions, increasing the availability of intraday credit extended by Federal Reserve Banks on both a collateralized and uncollateralized basis until March 31, 2021. On October 17, the Massachusetts’ Eviction and Mortgage Foreclosure Moratorium Act (EMFM Act) is set to expire.

Financial services 52

Financial services Foreclosure Collateral Collection Agencies 52

Troutman Sanders

DECEMBER 4, 2023

On November 30, crypto exchange Binance announced it has introduced a pilot program enabling banks to store trading collateral off-exchange, a move aimed at reducing counterparty risk. Real-world disclosure testing is often more accurate than lab testing, and this effort can help the CFPB by informing the need for possible regulatory changes.

Financial services 52

Financial services Collateral Banks Trade 52

Troutman Sanders

MAY 2, 2023

However, due to partisanship in the Senate, Senator Lummis believes her bill is unlikely to pass before the House Financial Service Committee’s bill is introduced. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss its FY 2024 budget request and the agency’s ongoing work.

Financial services 52

Financial services Trade Government Consumer Credit 52

Jimerson Firm

JANUARY 29, 2021

Oftentimes, when a lender forecloses on real estate collateral, the lender will purchase the property at the foreclosure sale. When the property is purchased at a foreclosure sale, the clerk of the court will file a certificate of sale and serve a copy of the certificate of sale on each party to the foreclosure lawsuit.

Foreclosure 86

Foreclosure Lender Collateral Financial services 86

Troutman Sanders

JUNE 1, 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].

Financial services 52

Financial services Government Foreclosure Loans 52

Troutman Sanders

FEBRUARY 13, 2024

The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. However, the judge found that the contracts between Genesis and Gemini clearly required a transfer for the assets to be pledged as collateral. For more information, click here. They cited a U.S.

Financial services 52

Financial services Student Loans Student loans Collection Agencies 52