Jimerson Firm

JANUARY 14, 2021

There are essentially two types of orders to show cause afforded under Section 702.10, to wit: 1) an order requiring all defendants to show cause why a final judgment of foreclosure should not be immediately entered (Section 702.10(1)); 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Jimerson Firm

MAY 26, 2021

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. Therefore, if a final judgment of foreclosure of a mortgage is void, the trial court must vacate the judgment.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

FDCPA Defense

APRIL 17, 2019

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

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

Jimerson Firm

AUGUST 7, 2020

While the traditional common law grounds for the appointment of a receiver remain, the Act also offers additional grounds and provides lenders with valuable options to protect their interests in the commercial property, including the right of receivership after judgment. 714.14, Fla. Conclusion.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Burr Forman

JANUARY 7, 2022

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 creditors’ rights litigation.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52

Jimerson Firm

SEPTEMBER 28, 2020

If the defendant fails to file written defenses in the thirty (30) day period, the plaintiff can move for a default foreclosure judgment. If the court finds that the affidavit is defective, or the diligent search is deficient, then the foreclosure judgment will be void or voidable. Failure to Comply With Requirements. See Shepheard v.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

Jimerson Firm

OCTOBER 9, 2020

Form 1.996(c), Motion to Cancel and Reschedule Foreclosure Sale, was adopted because “many foreclosure sales set by the final judgment and handled by the clerks of court [were] the subject of vague last-minute motions to reset sales without giving any specific information as to why the sale [was] being reset. In re Amendments To The Fla.

Foreclosure 98

Foreclosure Judgment Law Firms Bankruptcy 98

Jimerson Firm

JULY 30, 2020

1st DCA 1992) (providing that where the borrower filed for bankruptcy after a default judgment of foreclosure, the lender was able to sever its claim for enforcement of the personal guaranty and pursue the personal guarantor). See, e.g. , Guirlinger v. Goldome Realty Credit Corp., 2d 1135, 1136 (Fla. This prevents a double recovery.

Lender 98

Lender Foreclosure Loans Banks 98

Jimerson Firm

FEBRUARY 3, 2021

If the lender receives a foreclosure judgment from the court, the real property, including the mobile home, will be sold at public auction. Replevin is a lawsuit seeking a judgment and a “writ of replevin,” to recover personal property that is wrongfully detained by another person.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Consumer Financial Services Law

DECEMBER 29, 2016

He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation. He is certified as a specialist in the field of Creditors' Rights Law by The American Board of Certification.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40

Jimerson Firm

MARCH 12, 2021

The recipient clerks will record the decrees in the foreign judgment book. After final disposition of the foreclosure lawsuit, the clerk of the court will prepare and send a certified copy of the decree of foreclosure, sale, and confirmation of sale to the clerk of the circuit court of every county where the mortgaged land is located.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

The Creditors Rights

JULY 19, 2016

Following a jury verdict and judgment in the debtor’s favor, the petitioning creditors filed a motion for judgment as a matter of law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. Coopers & Lybrand , 22 F.3d 3d 1228 (3d Cir.

Bankruptcy 40

Bankruptcy Creditors Judgment Government 40

Jimerson Firm

MAY 25, 2021

The notice of sale must include: (a) A description of the property to be sold; (b) The time and place of sale; (c) A statement that the sale will be made pursuant to the order or final judgment; (d) The caption of the action; (e) The name of the clerk making the sale; and. (f) A Proper Final Judgment of Foreclosure: Form 1.996(a).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

The Creditors Rights

AUGUST 30, 2016

Ronald Neff was a dentist against whom his patient, Douglas DeNoce, obtained a judgment for malpractice. The bankruptcy court granted Neff a summary judgment on the complaint, and DeNoce appealed, contending the one-year period in the statute is subject to equitable tolling based on Neff’s first two bankruptcy cases.

Bankruptcy 40

Bankruptcy Debtor Creditors Judgment 40

The Creditors Rights

JUNE 21, 2016

Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud.

Creditors 40

Creditors Debtor Bankruptcy Manufacturing 40

Jimerson Firm

NOVEMBER 13, 2020

The court can also order a deficiency judgment against the debtor—that is, a money judgment—to the extent the foreclosure sale does not produce sufficient funds to pay the debt owed to lender on the SBA loan.

Loans 98

Loans Collateral Foreclosure Lender 98

Jimerson Firm

JULY 15, 2020

Additionally, if the landlord obtains a final judgment against the tenant that breached the lease agreement, the final judgment should include a reservation of jurisdiction to consider a motion for an accounting should the landlord relet the premises during the remainder of the lease term.

Judgment 86

Judgment Law Firms Creditor's Rights Loans 86

Jimerson Firm

SEPTEMBER 22, 2020

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.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

The Creditors Rights

JULY 5, 2016

Since none of these steps had taken place at the time of the entry of the consolidation order, the court held none of the lenders was a party aggrieved.

Lender 40

Lender Bankruptcy Creditors Collateral 40

Jimerson Firm

MAY 24, 2021

How to Get a Deficiency Judgment After a Foreclosure Sale. Authors: Austin B. Calhoun , Esq. Murrin , JD Candidate. Continued reading: Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations. Lenders Beware: Be Sure to Foreclose Subordinate Liens and Encumbrances.

Collateral 52

Collateral Lender Foreclosure Judgment 52

Jimerson Firm

FEBRUARY 18, 2021

5th DCA 1988) (reversing a summary judgment in favor of the bank because the bank delayed recording the notice of commencement). . § 713.13(7) & Loan Ass’n , 533 So. 2d 948, 950 (Fla. Notice of Termination of NOC.

Construction 98

Construction Lender Loans Banks 98