Jimerson Firm

SEPTEMBER 28, 2020

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. It is important for the plaintiff to check the local rules in the county where the foreclosure action is filed to determine if there are any procedural requirements. 49.08, Fla. 1)(c), Fla. 702.035, Fla.

Foreclosure 98

Foreclosure Construction Judgment Lender 98

Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action. 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

Foreclosure 90

Foreclosure Lender Judgment Law Firms 90

Troutman Sanders

JULY 28, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v.

Foreclosure 52

Foreclosure Judgment Collections Fair Debt Collection 52

Jimerson Firm

MAY 19, 2021

Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Pursuant to Section 702.07 Bank of Am.

Foreclosure 52

Foreclosure Judgment Lender Bankruptcy 52

Sawin & Shea

NOVEMBER 23, 2022

Both being sued by a creditor and bankruptcy can feel like scary situations, but rest assured, filing for bankruptcy can help. Can a Creditor File a Lawsuit Against Me? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay. House foreclosure.

Bankruptcy 98

Bankruptcy Garnishment Foreclosure Judgment 98

Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act?

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The answer depends on whether the creditor attempts to recover the unpaid mortgage balance or just the property, according to the U.S. Court of Appeals for the Ninth Circuit in Barnes v.

Foreclosure 40

Foreclosure Judgment Collections Fair Debt Collection 40

Jimerson Firm

NOVEMBER 13, 2020

if the collateral is likely to be acquired by SBA or the lender at the foreclosure sale, the expenses associated with the care, preservation and resale of the acquired collateral. In Florida, the lender can choose from the following methods: Deed in Lieu of Foreclosure. Lien Foreclosure. See SOP 50 57.

Loans 98

Loans Collateral Foreclosure Lender 98

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. When Can the Foreclosure Sale Be Invalidated? Nationstar Mortg., Diaz , 227 So.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

MARCH 12, 2021

In Florida, foreclosure actions must be brought in the county where the land is located. However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties. allows the lender to bring a single foreclosure action on all mortgages in just one county.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Jimerson Firm

FEBRUARY 3, 2021

If the mobile home has been retired and is part of the real property, it will be included in the foreclosure. On the other hand, if the mobile home is not retired and the lender has a perfected lien on the mobile home, the lender must use replevin in addition to the foreclosure. Is the Mobile Home Retired? 319.261 (7).

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

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. Conclusion.

Foreclosure 52

Foreclosure Lender Judgment Construction 52

Roths Child Law

MARCH 15, 2023

When they can't find a job that offers comparable pay, they may find themselves unable to pay their bills at all in facing foreclosure, repossession or lawsuits from creditors. Even successful professionals typically only have enough money in savings to cover their cost-of-living expenses for a month or two.

Bankruptcy 96

Bankruptcy Repossession Foreclosure Unsecured Debt 96

Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

Judgment 52

Judgment Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy 52

Collections Law

APRIL 1, 2020

Collecting debts from debtors having assets in Massachusetts while you are in another state or a different country used to be difficult, even if you had a judgment against them. Massachusetts was among the few states that had not adopted the Uniform Enforcement of Foreign Judgment Act. Not Just Domestication — Enforcement, Too.

Judgment 52

Judgment Collections Debtor Foreclosure 52

Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. The answer to the question of whether hotel revenues constitute rent under Section 697.07, Florida Statutes, may depend upon the district in which the foreclosure action is pending.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

FFGN COLLECT NY

MARCH 15, 2022

Chase was one of 13 financial institution censured for robo-signing documents in support of debt collection suits and foreclosure. If you are the person at the creditor’s company responsible for signing and or processing these affidavits, please do not just sign them as a matter of course.

Collections 98

Collections Judgment Foreclosure Financial Institution 98

Sawin & Shea

APRIL 13, 2021

If you are struggling to pay your mortgage and other bills, the good news is that the CARES Act (Coronavirus Relief and Economic Security) has extended the deadline for when the foreclosure moratorium is due to expire. Can you sell your house if you are in a foreclosure situation?

Chapter 13 bankruptcy 80

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Foreclosure 80

ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

Foreclosure 40

Foreclosure Debtor Bankruptcy Judgment 40

Collections Law

APRIL 9, 2021

Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. Cohen LLC have over 45 years of combined experience with post-judgment collection practices. Post-Judgment Discovery. But it rarely is that easy. Receivership.

Debtor 52

Debtor Judgment Collections Debt Recovery 52

Jimerson Firm

JULY 30, 2020

Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults. and a foreclosure sale netted the lender $3,675,000 leaving a deficiency of $918,398.49. The loan documents also typically include one or more personal guaranties. See, e.g. , Guirlinger v. Bryan, 384 So.

Lender 98

Lender Foreclosure Loans Banks 98

Debt Free Colorado

APRIL 9, 2020

Below you’ll find some strategies for working with your creditors and deciding which bills are the most important if you can’t pay them all. Reach out to your creditors. The decisions regarding which creditors get paid and which do not can have long term consequences and will require a strategy. Triage your finances.

Student loans 81

Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 81

FFGN COLLECT NY

FEBRUARY 2, 2021

In order to decide which route to take, you will need to consider the costs and fees involved in each of the scenarios, the legal process, the likelihood of success in obtaining judgment, and the likelihood of converting the judgment into cash. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases.

Mechanic’s Liens 40

Mechanic’s Liens Foreclosure Judgment Collateral 40

Debt Free Colorado

DECEMBER 9, 2021

Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter 13 and Chapter 7. Creditors are prohibited from contacting you after your petition is filed. Complete protection from creditors – This includes wage garnishment and debt collection.

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Better Credit Blog

APRIL 1, 2022

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. Write a letter to the original creditor or collection agency and ask them to remove the negative entry from your credit history as an act of goodwill. Foreclosures. Charge Offs.

Bankruptcy 114

Bankruptcy Collection Agencies Collections Agency Lender 114

Sawin & Shea

JUNE 23, 2021

If you are contemplating filing for bankruptcy, you are probably overwhelmed with debt that you can’t repay while dealing with creditors. If the judge approves the eviction (and if you owe rent, there is no reason to oppose it), the judge will issue an eviction judgment or judgment of possession. There is good news and bad news.

Bankruptcy 102

Bankruptcy Judgment Creditors Foreclosure 102

Consumer Financial Services Law

AUGUST 27, 2019

In Kirby, the consumers filed Chapter 7 while engaged in a state sponsored Foreclosure Diversion Program. The bankruptcy court disagreed and granted summary judgment in favor of the mortgage company. 21st Mortg. 427 (2019). After the Kirbys received their discharge, the parties continued with the diversion program, including mediation.

Bankruptcy 40

Bankruptcy Judgment Foreclosure Debtor 40

Credit Corp

JUNE 14, 2023

A charge-off is when the creditor officially writes your debt off its books as a loss. Keep in mind that a creditor writing off your unpaid debt as a loss doesn’t mean you don’t owe the debt. Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar.

Foreclosure 89

Foreclosure Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy 89

Collections Law

APRIL 9, 2021

Very often your initial attorney who obviously excels at winning the case for you does not know the ins and outs of debt recovery or post-judgment collection. Cohen LLC have over 45 years of combined experience with post-judgment collection practices. These types of situations are where post-judgment discovery comes into play.

Debtor 40

Debtor Judgment Collections Debt Recovery 40

PBWT

SEPTEMBER 8, 2021

Debtors and trustees seeking to avoid the hardship of a foreclosure often attempt to employ sections 547 and 548 of the Bankruptcy Code. [1] Accordingly, this case provides an important reminder to lenders regarding the significance of timely filing a lis pendens upon the commencement of a foreclosure action. 20-10683. [3] 20-10683. [3]

Bankruptcy 52

Bankruptcy Foreclosure Debtor Lender 52

Credit Corp

AUGUST 25, 2020

In some cases, creditors may be required to contact you directly or otherwise verify your identity when approving credit. Default judgment protection. In civil cases, a default judgment occurs when one person doesn’t show up to a scheduled hearing. Repossession and foreclosure.

Repossession 81

Repossession Loans Judgment Law Firms 81

Consumer Financial Services Law

MARCH 15, 2019

In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. IS THE CREDITOR'S ATTORNEY AND IS ATTEMPTING TO COLLECT A DEBT ON ITS BEHALF. Chase Home Fin. LLC, 704 F.3d

Bankruptcy 40

Bankruptcy Foreclosure Law Firms Creditors 40

FFGN COLLECT NY

OCTOBER 31, 2022

The bond executed by a surety or fidelity for an amount to satisfy the potential judgment must be approved by the court. As with an action to foreclose on a mechanics lien, the creditor (lienor) must prove that they are entitled to get paid. If going against the bond only, the creditor will only need to name the surety.

Creditors 52

Creditors Foreclosure Judgment Collections 52

FFGN COLLECT NY

JUNE 12, 2022

If so your collection attorney is exposing you, the law firm, and themselves to personal liability for a money judgment that could far exceed your claim. Enforcing a claim and/or a judgment against an entity or individual who has an active bankruptcy pending or who has received an order discharging them from liability is more than a bad idea.

Debtor 52

Debtor Bankruptcy Collections Law Firms 52

Debt Free Colorado

MARCH 3, 2023

Are My Creditors capable of appealing My Bankruptcy? A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. What Can’t Bankruptcy Do? What Should I Consider Before Filing for Bankruptcy? What Debts are Discharged in Bankruptcy?

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

Sawin & Shea

AUGUST 4, 2021

For the lender, it’s all about the bottom line, and if they think they can get more money from a foreclosure, they won’t agree to a short sale. Both short sales and bankruptcies involving foreclosures will show up as negative hits on your credit report. A foreclosure (without bankruptcy) will stay on your credit report for 7.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Foreclosure Lender 52

Burr Forman

JANUARY 7, 2022

From Burr & Forman’s Jacksonville office: Armando Nozzolillo is a member of the firm’s Creditors’ Rights and Bankruptcy practice group.

Bankruptcy 52

Bankruptcy Creditors Secured Creditor Manufacturing 52