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At Law Offices of Alan M. Cohen & Associates LLC, our commercialcollections attorneys have over five decades of commercialcollections experience. Our firm’s attorneys relentlessly and aggressively pursue the collection of debts on behalf of our clients while maintaining the utmost ethical standards to do so.
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. What Does it Mean to “Breach the Peace”? 2d at 625 (Fla.
If you are having trouble collecting a commercial debt, you may wonder what you can do to make the debtor pay. The truth is, you have many tools available to you under Massachusetts law. The experienced commercialcollections attorneys at the Law Offices of Alan M.
Guarantees can be classified as being either guarantees of payment or guarantees of collection, and the distinction is important to recognize. A guarantee of payment is a far more effective tool , as it allows a creditor to proceed directly against the guarantor without the necessity of taking any action against the primary obligor [debtor].
Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.
The post SBA Loans: How to Maximize Recovery by Liquidating Real Property appeared first on Jimerson Birr LawFirm. draft settlement statement. satisfactory arrangements must have been made for payment of the SBA loan balance that will remain after receipt of the sale proceeds, unless the release is part of a compromise agreement.
As an out-of-state creditor, you do have options for collecting a debt from a debtor in Massachusetts. The experienced commercialcollections attorneys at the Law Offices of Alan M. The collections attorneys at the Law Offices of Alan M.
The post A Proper Final Judgment of Foreclosure: Form 1.996(a) appeared first on Jimerson Birr LawFirm. Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
A receiver’s power to “use or transfer receivership property other than in the ordinary course of business” is a new and important departure from the common law powers of a receiver to sell property before judgment. The post Overview of Florida’s New Uniform Commercial Real Estate Receivership Act appeared first on Jimerson Birr LawFirm.
The post Florida’s Fast-Track Residential Foreclosure Process appeared first on Jimerson Birr LawFirm. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
The post Canceling and Rescheduling a Mortgage Foreclosure Sale Now Requires a Motion appeared first on Jimerson Birr LawFirm. Bringing a Residential Foreclosure Action? You Need a Verified Complaint.
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes appeared first on Jimerson Birr LawFirm.
Therefore, if the written guaranty limits the liability of the guarantor to a sum certain, unless otherwise set forth in the guaranty, the sum certain in the guaranty represents the guarantor’s aggregate liability and is not offset by the debtor’s payments to the creditor. In Kim , a guarantor provided a guaranty limited in amount to $3.8
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 6 – Considerations for the Appointment of a Receiver During Commercial Foreclosures appeared first on Jimerson Birr LawFirm.
The post How to Maximize Recovery on a SBA Loan by Negotiating a Workout Agreement appeared first on Jimerson Birr LawFirm. SBA Loans: How to Maximize Recovery by Liquidating Personal Property.
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 7: Expediting the Commercial Foreclosure Process Under Section 702.10, Florida Statutes appeared first on Jimerson Birr LawFirm.
The post Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101 appeared first on Jimerson Birr LawFirm.
The post Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement? appeared first on Jimerson Birr LawFirm. Melissa Murrin, JD Candidate.
Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt.
d) any parent entity, subsidiary, or other person who directly, or indirectly through one or more intermediaries, controls or is controlled b, or is under common control with, any entity listed in paragraph (a), paragraph (b), or paragraph (c).
The post Serving a Defendant in a Residential Foreclosure Action by Publication appeared first on Jimerson Birr LawFirm. Authors: Austin B. Calhoun, Esquire. Melissa Murrin, JD Candidate 2021.
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