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— CommercialCollection Agencies of America recently announced that through its initiative, CommercialCollection Agencies of America Gives Back , a portion of the proceeds of its virtual annual meeting has been given to Mental Health Advocates of WNY, formerly known as the Mental Health Association of Erie, New York.
This article discusses the appointment of receivers during the commercial foreclosure action and provides considerations for whether to seek appointment of a receiver. The Uniform Commercial Real Estate Receivership Act. Receivership had previously been governed by common law principles. My colleague, Ryan Maloney , Esq.
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. In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located.
This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. Assignment of Rents under Section 697.07, Florida Statutes.
Notices of commencement are governed by Fla. . § 713.13 , to ensure their mortgages maintain the intended priority over any potential later construction liens. Notices of Commencement Under Fla. 713.13 , which sets forth the requirements and form of the notice of commencement.
Nevertheless, the better practice may be for commercial landlords and property managers to always attempt to mitigate damages. If a written lease agreement exists, the written lease agreement would govern the rights and obligations of the parties upon a breach of the lease agreement by the tenant.
It happens more than you would think—to both small, family-owned businesses, and even national corporations—when people come to an agreement regarding a business transaction, only to later find that one or both of the parties failed to sign the contract governing the relationship. Is the contract still enforceable?
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. The defendants may be served by personal service or substituted service.
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