Jimerson Firm

SEPTEMBER 22, 2020

Additionally, during a foreclosure action, the lender/mortgagee can request the borrower/mortgagor to deposit the collected rents into the registry of the court or in such other depository as designated by the court. §697.07(4). Losing the Right to Collect Rents: Junior Foreclosure Sales.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

Jimerson Firm

AUGUST 7, 2020

sell, lease, license, exchange, collect, or otherwise dispose of receivership property.” § 714.02(14), A receiver is defined in the Act as a “person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and, if authorized. Receivers have broad duties and powers under section 714.12

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

JULY 30, 2020

Additionally, Florida law provides that there can be multiple judgments for the same debt but the same debt can only be collected once. However, the indebtedness can be collected only once, and any payment on any of the judgments must be credited to the others.”). This prevents a double recovery. See, e.g. , Flagship Bank of Orlando v.

Lender 98

Lender Foreclosure Loans Banks 98

Jimerson Firm

NOVEMBER 23, 2020

Collection of Accounts Receivable. If the SBA loan is secured by the debtor’s account receivables, the secured creditor may enforce the obligation by instructing the debtor’s account debtor to pay the secured creditor directly. 679.607(1), Fla.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Jimerson Firm

DECEMBER 30, 2020

During workout agreement negotiations, there are many workout options that the lender/CDC and borrower can consider.

Loans 98

Loans Collateral Lender Foreclosure 98

Jimerson Firm

NOVEMBER 13, 2020

Lenders must give careful consideration on choosing this method because it may (unless otherwise negotiated in the written agreement) lose the right to collect any deficiency, and the property will remain subject to any existing liens. However, lenders should only use this option if it maximizes recovery on the SBA loan.

Loans 98

Loans Collateral Foreclosure Lender 98

Jimerson Firm

JULY 15, 2020

Additionally, if there is an acceleration clause in the lease agreement, the landlord cannot double-dip by collecting accelerated rent from the prior tenant while reletting the premises to a new tenant for the remainder of the lease term and retaining all rental proceeds. See Horizon Med.

Judgment 86

Judgment Law Firms Creditor's Rights Loans 86

Jimerson Firm

MARCH 12, 2021

In Florida, foreclosure actions must be brought in the county where the land is located. This is typically referred to as the “local action rule.” However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

FEBRUARY 18, 2021

However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

FEBRUARY 15, 2021

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

Foreclosure 98

Foreclosure Judgment Lender Creditor's Rights 98

Jimerson Firm

SEPTEMBER 28, 2020

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. All named defendants will need to be notified of the lawsuit by being served process with a copy of the complaint and a summons. The defendants may be served by personal service or substituted service.

Foreclosure 98

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Jimerson Firm

DECEMBER 8, 2020

The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Form 1.996(a) is incorporated in the Florida Rules of Civil Procedure under Rule 1.900.

Foreclosure 98

Foreclosure Judgment Law Firms Creditor's Rights 98

Jimerson Firm

DECEMBER 15, 2020

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

Foreclosure 98

Foreclosure Lender Banks Collateral 98

Jimerson Firm

OCTOBER 9, 2020

In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. In 2014, the Florida Supreme Court renumbered this form to the current Form 1.996(c) (2019).

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

Jimerson Firm

FEBRUARY 3, 2021

In Florida, lenders may find themselves foreclosing on real property with a mobile home attached to the land. Initially, a mobile home is considered personal property (like a vehicle) and is titled by the Department of Motor Vehicles. However, a mobile home may be “retired” to the real property and become part of the real property.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

AUGUST 24, 2020

Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes.

Foreclosure 96

Foreclosure Judgment Law Firms Creditor's Rights 96

Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. This article provides a high-level overview of the commercial foreclosure process and practical considerations for lenders and servicers.

Foreclosure 94

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Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Jimerson Firm

JANUARY 20, 2021

In response to the mortgage foreclosure crisis, the Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures. Due to the mandatory mediation program being largely unsuccessful, the Supreme Court of Florida terminated the program on December 19, 2011. 44.102(2)(b), Fla.

Foreclosure 80

Foreclosure Lender Creditor's Rights Commercial Collection 80

Jimerson Firm

NOVEMBER 16, 2020

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla.

Secured Creditor 69

Secured Creditor Collateral Repossession Creditors 69

Jimerson Firm

MAY 24, 2021

The person who bought the certificate will have the right to collect the tax debt from the property owner, plus interest. Next, on the sale date, the tax collector will sell a tax certificate for the amount of taxes due. 197.432.

Collateral 52

Collateral Lender Foreclosure Judgment 52

Jimerson Firm

JANUARY 17, 2023

8, 2016) (collecting cases), report and recommendation adopted , No. Lopez-Silvero , 827 So. 2d 338, 339 (Fla. 3d at 634 (finding party who did not sign agreement “clearly accepted the proposal by its actions, i.e. paying the initial $5,000 deposit and the two subsequently invoiced $15,000 payments”); see also Sundial Partners, Inc.

Construction 52

Construction Creditor's Rights Government Commercial Collection 52

Jimerson Firm

JANUARY 18, 2023

The Telephone Consumer Protection Act (“TCPA”) contains strict provisions to ensure that businesses are not abusing that technology and harming consumers with harassing telemarketing calls and texts.

Creditor's Rights 52

Creditor's Rights Commercial Collection Creditors Collections 52

Jimerson Firm

JANUARY 18, 2023

As technology advances, businesses have more options to employ big data and implement lost-cost marketing strategies in reaching customers and generating revenues.

Trade 52

Trade Creditor's Rights Commercial Collection Creditors 52

Jimerson Firm

MAY 12, 2021

When a borrower dies, lenders are often left wondering what to do. In 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule—referred to as the 2016 Mortgage Servicing Rule —that clarified, revised, and amended several provisions in the 2013 Mortgage Servicing Rules.

Collateral 52

Collateral Lender Loans Foreclosure 52

Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Pursuant to Section 702.07

Foreclosure 52

Foreclosure Judgment Lender Bankruptcy 52

Jimerson Firm

MAY 25, 2021

In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

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.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52