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

Jimerson Firm

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.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 4 – Assignment of Rents Under Section 697.07, Florida Statutes

Jimerson Firm

This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Thus, the trial court did not abuse its discretion by requiring the borrowers to deposit all hotel revenue into the court registry pending final judgment. Assignment of Rents under Section 697.07, Florida Statutes.

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Eleventh Circuit Holds Bankruptcy Rules Applicable to Matters on Which the Reference has been Withdrawn to the U.S. District Court

The Creditors Rights

The Eleventh Circuit recently held the Federal Rules of Bankruptcy Procedure, not the Federal Rules of Civil Procedure, govern adversary proceedings before the district courts. The petitioning creditors filed the motion within the 28-day deadline in the Federal Rule, but after the 14-day deadline in the Bankruptcy Rule. Rosenberg v.

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Although this scenario may sound far-fetched, it is an everyday occurrence for creditorsrights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditorsrights attorneys and their clients, might you and your clients be next? 1692, et seq. the “FDCPA”).

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Does a Commercial Landlord Have a Duty to Mitigate Damages After a Tenant Breaches the Lease Agreement?

Jimerson Firm

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. Nevertheless, the better practice may be for commercial landlords and property managers to always attempt to mitigate damages.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditorsrights litigation.

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The Top Five Things Lenders Need to Know About Florida’s Construction Lien Law

Jimerson Firm

Notices of commencement are governed by Fla. 5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). . § 713.13 , to ensure their mortgages maintain the intended priority over any potential later construction liens. Notices of Commencement Under Fla.