Jimerson Firm

FEBRUARY 3, 2021

If the mobile home has been retired and is part of the real property, it will be included in the foreclosure. On the other hand, if the mobile home is not retired and the lender has a perfected lien on the mobile home, the lender must use replevin in addition to the foreclosure. Is the Mobile Home Retired? 319.261 (7).

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

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

MARCH 12, 2021

In Florida, foreclosure actions must be brought in the county where the land is located. However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties. allows the lender to bring a single foreclosure action on all mortgages in just one county.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

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. Subordinate Liens. York, 903 So. 2d 981, 983 (Fla. 2d DCA 2005).

Lender 97

Lender Foreclosure Judgment Collateral 97

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

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

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

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.

Foreclosure 52

Foreclosure Judgment Collateral Fair Debt Collection 52

Roths Child Law

SEPTEMBER 21, 2023

It prevents any form of harassment, foreclosure and nearly all other collection actions. For instance, if a car is collateral for a loan and the debtor isn't making payments, the lender might be granted permission to repossess that vehicle. Once a bankruptcy petition is filed, this provision comes into immediate effect.

Debtor 96

Debtor Creditors Bankruptcy Repossession 96

Debt Guru

JULY 19, 2020

The difference is that unsecured debts are not backed by collateral. Because your home’s equity is backing the loan, you could face foreclosure if something catastrophic prevents you from affording the payments in the future. You might be tempted to use your substantial home equity to consolidate debt.

Debt Consolidation 104

Debt Consolidation Unsecured Debt Collateral Personal loans 104

FFGN COLLECT NY

FEBRUARY 2, 2021

Anyone who has a lien on the property can join in on your mechanic’s lien foreclosure action which could include the general contractor and other subcontractors/suppliers. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases. Doctrines of laches, waiver, and collateral estoppel.

Mechanic’s Liens 40

Mechanic’s Liens Foreclosure Judgment Collateral 40

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

Sawin & Shea

SEPTEMBER 14, 2022

An automatic stay prevents creditors and lenders from collecting debt or collateral on protected assets. For example, if you co-own a house with someone filing Chapter 13 bankruptcy and the house is your primary residence, the automatic stay will protect you from a home foreclosure because it’s considered consumer debt.

Chapter 7 bankruptcy 122

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Student loans 122

Debt Free Colorado

DECEMBER 9, 2021

Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. The lender protects the borrower against foreclosure. Unsecured debt is debt without collateral. Collateral guarantees debt repayment. The means test decides who can seek debt relief.

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Sawin & Shea

MARCH 15, 2022

When filing under Chapter 13, you’re required to pay unsecured creditors — meaning they can’t recover physical property as collateral — the liquidated value of your nonexempt property. Although this may sound more appealing if you own equity in your investment, there are critical factors you need to consider before filing.

Chapter 7 bankruptcy 98

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Creditors 98

Credit Corp

JUNE 14, 2023

The vehicle you purchase serves as collateral for the loan. If you fall too far behind on payments, the mortgage lender may initiate foreclosure proceedings. While state laws vary, you typically have to be 120 days past due or more before lenders start foreclosure proceedings. This process is referred to as repossession.

Repossession 83

Repossession Student loans Student Loans Lender 83

Sawin & Shea

NOVEMBER 15, 2023

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. That means that you must continue to pay on most secured debts to keep or hold onto the collateral. What is the difference? Unsecured Debt What is unsecured debt?

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Debt Free Colorado

APRIL 9, 2020

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. Coronavirus Car Payment Relief Programs.

Student loans 81

Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 81

Fico Collections

JULY 29, 2020

If we think about the three Cs of credit; Capacity, Character and Collateral we currently face a real risk to capacity and collateral.With so much assistance provided to Australians through their banks and the government, it is very difficult to determine their credit worthiness or character.

Banks 95

Banks Loans Foreclosure Lender 95

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An example of this is when the stay is lifted to allow a creditor to continue a foreclosure action against real property or to allow the repossession of a vehicle.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An example of this is when the stay is lifted to allow a creditor to continue a foreclosure action against real property or to allow the repossession of a vehicle.

Bankruptcy 52

Bankruptcy Garnishment Repossession Foreclosure 52

Qualco

MARCH 12, 2024

Understanding concepts like legal notices, lawsuits, executable orders, foreclosure and auction is necessary for those working in the legal stages of collections. For instance, a mortgage involving litigation over the collateral can be assigned to a team member who has experience in mortgages and especially complicated cases.

Collections 105

Collections Debtor Banks Loans 105

PBWT

DECEMBER 22, 2020

In Sutton , a real estate developer faced a UCC foreclosure of a large condominium project in Manhattan when the developer/borrower failed to repay a mezzanine loan upon maturity. Bankruptcy Code to delay the foreclosure. Because the bankruptcy case took several months, the foreclosure was delayed by almost a year.

Bankruptcy 52

Bankruptcy Loans Foreclosure Lender 52

Roths Child Law

MAY 11, 2021

Unfortunately, it also means that the car, truck, van or SUV that you drive to your job every day is also collateral for the loan used to purchase it. . Bankruptcy stops foreclosure before the lender takes the vehicle. Financing a vehicle means that you can drive even when you don't have enough money to buy a car outright.

Repossession 52

Repossession Lender Collateral Bankruptcy 52

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

Sawin & Shea

MAY 2, 2024

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. Secured obligations have collateral attached, such as a mortgage secured by your home or an auto loan secured by your vehicle.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Unsecured Debt 52

Sawin & Shea

MARCH 13, 2024

Entering a reaffirmation agreement is a way that debtors in a Chapter 7 bankruptcy keep collateral attached to secured debt like houses or cars. All of the original terms of the loan are back in force, including the creditor’s right to repossess the collateral if you get behind on payments in the future.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Collateral 52

Debt Free Colorado

OCTOBER 12, 2023

Detailed information about your property, collateralized debt, other debts, contracts, codebtors, income, expenses, and financial affairs must be provided accurately in the relevant sections of the bankruptcy form. Two of the most typical collateralized loans are mortgages and auto loans. What Information Does a Bankruptcy Form Need?

Bankruptcy 52

Bankruptcy Collateral Chapter 13 bankruptcy Chapter 7 bankruptcy 52

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

Sawin & Shea

DECEMBER 21, 2023

It stops: Debt collection efforts Foreclosures Wage garnishments Civil lawsuits Utility shutoffs Most other creditor actions to collect pre-bankruptcy debts The stay helps facilitate the goals of bankruptcy by preventing creditor collection efforts and allowing time for orderly debt restructuring or liquidation. What is an Automatic Stay?

Bankruptcy 52

Bankruptcy Debtor Repossession Creditors 52

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

Sawin & Shea

JANUARY 24, 2024

The Pros Bankruptcy can stop foreclosures , repossessions, lawsuits, wage garnishment, utility shut-offs, and debt collection activities through its automatic stay provision. Equity loans put your home at risk as collateral. Your assets are protected while you make monthly payments to creditors through the court.

Debt Consolidation 52

Debt Consolidation Bankruptcy Chapter 13 bankruptcy Collateral 52

Titan Consulting

SEPTEMBER 2, 2020

HELOC ( home equity line of credit ) will convert unsecured debts into a secured loan using your home as collateral. Converting unsecured debt to secured debt could put collateral, such as your home, at risk of foreclosure. Home loans include high upfront fees and loan qualifying parameters that may limit its availability.

Debt Consolidation 60

Debt Consolidation Unsecured Debt Consolidate Debt Personal loans 60

Collection Industry News

MAY 18, 2021

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. Specifically, the organizations opposed Title VIII of H.R.

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Lender Foreclosure Collections Debt collector 40