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.

Construction 98

Construction Lender Loans Banks 98

Jimerson Firm

SEPTEMBER 28, 2020

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. 1)(c), Fla.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

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.

Foreclosure 52

Foreclosure Lender Judgment Construction 52

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. 3d 1029, 1030 (Fla.

Foreclosure 52

Foreclosure Lender Judgment Banks 52

Fraser

JUNE 25, 2020

In some cases, the debtor’s pre-petition lender becomes the DIP lender, and in other cases a new lender, or syndicate of lenders, steps in and tries to “prime,” or supersede, an existing lender’s lien to the extent of DIP financing extended to the debtor. Walton, Jr.’s

Creditors 72

Creditors Bankruptcy Unsecured Creditor Debtor 72

Jimerson Firm

JUNE 23, 2021

Therefore, lenders who have a mortgage interest in property, i.e., mortgagees, do not have a right to bring a quiet title action, unless it purchases the property at a foreclosure sale. A mortgage is a lien that “transfers no title, right of possession, or interest in land.” Malt & Co. , 2d 53, 55 (Fla. 4th DCA 2008).

Foreclosure 81

Foreclosure Judgment Construction Government 81

Fraser

JULY 21, 2020

In the areas of banking, commercial, construction and real estate litigation, he represents lenders, contractors and owners on construction-related claims, and lenders and borrowers in commercial and residential foreclosure matters, large loan defaults and collections, lien priority disputes, and title insurance company liability.

Creditors 56

Creditors Bankruptcy Debtor Construction 56