Remove Collections Remove Foreclosure Remove Government
article thumbnail

Filing a Foreclosure Lawsuit? Make Sure You Check the Local Rules

Jimerson Firm

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.

article thumbnail

Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. 49.08, Fla.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures

Jimerson Firm

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.

article thumbnail

Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

article thumbnail

US RMBS Loan Delinquencies Remain Stable; Foreclosures Edge Upward

Collection Industry News

The sole metric showing stress is in the foreclosure category, which rose marginally to 2% from 1% and to 3% from 2% for bank and non-bank servicers, respectively. Other exit strategies, such as short sales and deed-in-lieu of foreclosure, account for 26% of monthly loss mitigation workout volume, a small increase from the previous quarter.

article thumbnail

Building Successful Collections Teams: Strategies for Recruitment and Growth

Qualco

In our recent study on the collections sector conducted in partnership with Deloitte France, difficulty in finding the right staff emerged as a key challenge for respondents, both among those managing Banks’ collections departments and those overseeing servicing operations. This seems to be a recurring theme.

article thumbnail

CFPB Issues Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages

Collection Industry News

. – Today, the Consumer Financial Protection Bureau (CFPB) issued guidance on debt collectors, covered by the Fair Debt Collection Practices Act, threatening to foreclose on homes with mortgages past the statute of limitations. We are making clear that threatening to sue to collect on expired zombie mortgage debt is illegal.”