Jimerson Firm

FEBRUARY 18, 2021

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. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Specifically, under Fla.

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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.

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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). Since publishing a legal notice concerning a foreclosure action is inevitable, it is imperative for lenders to know how to do so properly. Conclusion.

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Collections Law

OCTOBER 22, 2021

Cohen LLC, our experienced commercial collections attorneys often help architects and other parties involved in real estate development pursue payment through mechanic’s liens. We have nearly 50 years of combined experience representing businesses in debt collection. What if construction has not started?

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BN Lawyers

MARCH 21, 2019

McCarthy & Holthus, LLP, holding that that business engaged solely in non-judicial foreclosure activities are generally exempt from the Fair Debt Collection Practices Act, 15 U.S.C. It is unclear what impact the decision on the debt collection and foreclosure industry beyond the limited facts of the case, but as in Henson v.

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Fraser

JULY 21, 2020

The policy behind preference actions is that they prevent aggressive collection action against a debtor that might force a debtor into bankruptcy, and they also help ensure equal treatment of creditor claims. That’s how the system is supposed to work. Walton, Jr.’s

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Fraser

JUNE 25, 2020

An “automatic stay” is imposed as of the petition date, which prevents creditors from taking any further action, such as pursuing collection activity, related to a pre-petition debt. The debtor is required to serve all known creditors with notice of the commencement of the chapter 11 case. Walton, Jr.’s

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