Jimerson Firm

JANUARY 14, 2021

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Jimerson Firm

JULY 30, 2020

1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). Personal guaranties offer lenders additional tools when seeking to collect on defaulted loans. Bryan, 384 So.

Lender 98

Lender Foreclosure Loans Banks 98

Consumer Financial Services Law

DECEMBER 29, 2016

Editor’s Note: On November 3, 2016, Smith Debnam’s Jerry Myers attended a meeting with the CFPB to discuss the proposed rules for third party debt collection. On Thursday November 3, 2016 I joined a group of colleagues for a meeting with the CFPB to discuss its proposed rules for third party debt collection.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Jimerson Firm

OCTOBER 9, 2020

Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale, was adopted because “many foreclosure sales set by the final judgment and handled by the clerks of court [were] the subject of vague last-minute motions to reset sales without giving any specific information as to why the sale [was] being reset. In re Amendments To The Fla.

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

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

Financial Forensic Services

SEPTEMBER 19, 2021

History of the Judgment Enforcement Problem. 80 percent of the civil money judgments in the United States are never collected. Note: when drafting the judgment language for the judge’s signature, many attorneys stop with “legal fees.” Be sure to have the attorney include “plus the cost of collections.”

Judgment Enforcement 52

Judgment Enforcement Judgment Debtor Creditor's Rights 52

Jimerson Firm

FEBRUARY 3, 2021

If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. Replevin is a lawsuit seeking a judgment and a “writ of replevin,” to recover personal property that is wrongfully detained by another person.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

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

MARCH 12, 2021

The recipient clerks will record the decrees in the foreign judgment book. After final disposition of the foreclosure lawsuit, the clerk of the court will prepare and send a certified copy of the decree of foreclosure, sale, and confirmation of sale to the clerk of the circuit court of every county where the mortgaged land is located.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

FDCPA Defense

APRIL 17, 2019

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. The CFPB is expected to announce proposed debt collection rules in the near future that may incorporate the theory. 1692, et seq.

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

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

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. Therefore, if a final judgment of foreclosure of a mortgage is void, the trial court must vacate the judgment.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. However, the Court noted the term “fraud” had long been used by courts to describe a debtor’s transfer of assets which impairs a creditor’s ability to collect a debt.

Creditors 40

Creditors Debtor Bankruptcy Manufacturing 40

Jimerson Firm

FEBRUARY 18, 2021

5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). . § 713.13(7) & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

MAY 25, 2021

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

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. How to Get a Deficiency Judgment After a Foreclosure Sale. Next, on the sale date, the tax collector will sell a tax certificate for the amount of taxes due. 197.432. Authors: Austin B. Calhoun , Esq.

Collateral 52

Collateral Lender Foreclosure Judgment 52

Jimerson Firm

SEPTEMBER 28, 2020

If the defendant fails to file written defenses in the thirty (30) day period, the plaintiff can move for a default foreclosure judgment. If the court finds that the affidavit is defective, or the diligent search is deficient, then the foreclosure judgment will be void or voidable. Failure to Comply With Requirements. See Shepheard v.

Foreclosure 98

Foreclosure Construction Judgment Lender 98