Jimerson Firm

FEBRUARY 18, 2021

However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Accordingly, lenders making construction loans or those whose loan will be secured by a mortgage on real property, must be aware of notices of commencement and their requirements under Fla.

Construction 98

Construction Lender Loans Banks 98

Better Credit Blog

FEBRUARY 4, 2021

Are you concerned about a collections entry from Delivery Financial Services? Read on to learn more about Delivery Financial Services and how to get them deleted from your report. About Delivery Financial Services. How Delivery Financial Services Works. Ask Lex Law for Help.

Financial services 69

Financial services Debt collector Collection Agencies Collections Agency 69

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

Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. 702.015(4) , Fla.

Foreclosure 94

Foreclosure Lender Judgment Collateral 94

Better Credit Blog

FEBRUARY 5, 2021

If you’re wondering what BCA Financial Services is and why it’s on your credit report, the guide below is for you. With all of life’s financial obligations and the busyness of day to day life, it can be all too easy to let a payment slip through the cracks. About BCA Financial Services. BCA Financial Services, Inc.

Financial services 60

Financial services Collection Agencies Collections Agency Debt collector 60

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

Jimerson Firm

FEBRUARY 15, 2021

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 addition, foreclosing lenders in Duval county will be required to pay an additional $140.00

Foreclosure 98

Foreclosure Judgment Lender Creditor's Rights 98

Jimerson Firm

JULY 30, 2020

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. Part 2 of this series analyzed pre-foreclosure loss mitigation options for lenders dealing with hotel/restaurant mortgage defaults.

Lender 98

Lender Foreclosure Loans Banks 98

Troutman Sanders

MARCH 21, 2023

to explain the application of the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) to lenders relying on discriminatory home appraisals. On March 15, the New York State Department of Financial Services (DFS) missed the deadline to publish its proposed amendments to its debt collection rule. Lanham, et al.

Financial services 52

Financial services Banks Third-party Debt Collectors Judgment 52

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. The property was acquired by a “person affiliated with” the foreclosing lender or the borrower.

Foreclosure 52

Foreclosure Lender Collateral Judgment 52

Jimerson Firm

NOVEMBER 13, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000. Is the Recoverable Value of the Property Over $10,000? See SOP 50 57.

Loans 98

Loans Collateral Foreclosure Lender 98

Troutman Sanders

MARCH 11, 2024

On March 4, the Small Business Administration (SBA) announced the next generation of the SBA’s Lender Match tool for small businesses to connect to capital through SBA’s network of approved banks and private lenders. For more information, click here. For more information, click here. On March 1, the U.S.

Financial services 52

Financial services Garnishment Lender Banks 52

Troutman Sanders

AUGUST 7, 2023

According to the press release, “[t]he loan program improvements will increase small businesses’ ability to access funding to start up and grow through a broader network of lenders with streamlined lender procedures.” The court issued this judgment in connection with the civil enforcement action filed by the CFPB in 2019.

Financial services 52

Financial services Financial Institution Manufacturing Loans 52

Troutman Sanders

NOVEMBER 15, 2022

District Court for the District of New Hampshire granted the Securities and Exchange Commission’s (SEC) motion for summary judgment against blockchain-based, file-sharing platform LBRY. In its summary judgment motion, the SEC argued that LBRY’s public offering of its native token LBC constituted an unregistered sale of securities.

Financial services 52

Financial services Student Loans Student loans Trade 52

Troutman Sanders

AUGUST 1, 2023

On July 27, the Financial Innovation and Technology for the 21st Century Act passed the House Committee on Agriculture. The bill previously passed the House Committee on Financial Services on July 26. The OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5

Financial services 52

Financial services Financial Institution Debt collector Trade 52

Jimerson Firm

AUGUST 7, 2020

This new legislation is likely to be important to lenders and borrowers due to the anticipated higher volume of commercial foreclosures due to economic effects of the current COVID-19 pandemic. What is a Receiver, and Why are They Important? 714.14, Fla. Conclusion.

Foreclosure 98

Foreclosure Lender Judgment Creditors 98

Jimerson Firm

FEBRUARY 3, 2021

In Florida, lenders may find themselves foreclosing on real property with a mobile home attached to the land. 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?

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders must ensure compliance with all relevant State and Federal laws and regulations to preserve their remedies for recovery. Florida State Laws. Foreclosures are a state law proceeding first and foremost.

Loans 98

Loans Foreclosure Lender Accrued Interest 98

Troutman Sanders

SEPTEMBER 5, 2023

Under California law, reservists called to active duty may defer payments on certain financial obligations, including their mortgage, if they send a written request and copy of their military orders to the lender or other responsible entity. The consent order between the parties includes a monetary judgment of $36.2

Financial services 52

Financial services Banks Trade Home Insurance 52

Jimerson Firm

MARCH 12, 2021

However, lenders often wonder where they should file the foreclosure action if the loan is secured by mortgaged land situated in different counties. The court found that the lender properly filed a foreclosure action on both mortgages in just Pinellas County because both mortgages jointly constituted the collateral for a single loan.

Foreclosure 98

Foreclosure Lender Collateral Loans 98

Troutman Sanders

APRIL 26, 2021

House of Representatives passed seven bipartisan bills introduced by House Financial Services Committee members. The bill would prohibit the use of confessions of judgment in contracts with businesses and would codify existing FTC policy banning such provisions in consumer loan contracts. For more information, click here.

Financial services 52

Financial services Debt collector Loans Banks 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. Upon default by the borrower, the lender/mortgagee can enforce the assignment of rents provided the lender/mortgagee makes written demand to the borrower for payment of the rents.

Foreclosure 98

Foreclosure Lender Law Firms Collections 98

Jimerson Firm

MARCH 10, 2021

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

Banks 98

Banks Loans Lender Financial services 98

Jimerson Firm

JANUARY 26, 2021

In Florida, lenders typically obtain an “assignment of rents” if the property produces income by collecting rent, such as an apartment complex, rental home, rental space, or office building. An “assignment of rents” allows the lender to collect the rent payments, if the borrower defaults on their loan payments. 697.07 (2). Section 697.07

Foreclosure 96

Foreclosure Lender Loans Banks 96

Troutman Sanders

MARCH 22, 2023

An Illinois federal district court recently denied a creditor-defendant’s motion for summary judgment in a Fair Credit Reporting Act (FCRA) case brought by a consumer who questioned why his debt was being reported twice — as both a tradeline with the original creditor and as a tradeline with a third-party collection agency.

Judgment 52

Judgment Credit Unions Credit Unions Collection Agencies 52

Jimerson Firm

MAY 24, 2021

If this happens, the tax lien will become superior to the lender’s mortgage lien. This may be troublesome for lenders because the property may then be sold for taxes, which will eliminate the lender’s mortgage lien. If, however, a tax deed is issued, the lender will have an opportunity to redeem the property. 197.122(a).

Collateral 52

Collateral Lender Foreclosure Judgment 52

Troutman Sanders

MAY 9, 2023

The proposed rule would require lenders to assess a borrower’s ability to repay a PACE loan and would provide a framework for how these loans will be treated under the Truth in Lending Act. PACE loans, secured by a property tax lien on the borrower’s home, are often promoted as a way to finance clean energy improvements, such as solar panels.

Financial services 52

Financial services Student Loans Student loans Loans 52

Troutman Sanders

JULY 19, 2023

District Court for the Southern District of Florida issued a default judgment granting a permanent injunction against a Florida resident and four digital exchange companies he controlled. For more information, click here. On July 12, the Commodity Futures Trading Commission (CFTC) announced that the U.S. For more information, click here.

Financial services 40

Financial services Lender Trade Banks 40

Collection Industry News

MAY 18, 2021

2547 was sponsored by House Financial Services Committee Chairwoman Rep. While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. The bill, H.R. Maxine Waters (D-Calif.),

Lender 40

Lender Foreclosure Collections Debt collector 40

Troutman Sanders

AUGUST 12, 2022

This week, the Department of Justice (DOJ) resolved Servicemembers Civil Relief Act (SCRA) claims against two affiliated Virginia landlords for allegedly obtaining unlawful court judgments against military tenants. The landlords also agreed to reimburse servicemembers for any amounts collected under an unlawful judgment.

Judgment 52

Judgment Lender Financial services Collections 52

Better Credit Blog

APRIL 2, 2022

The site uses built-in algorithms to offer you real-time, pre-qualified personal loan rates from about a dozen different lenders. Even Financial, a leading search and comparison engine for financial companies, launched Fiona back in 2015 to help consumers find the right financial products. Loan Terms. 24 – 84 months.

Personal loans 80

Personal loans Loans Student Loans Student loans 80

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. Second, lenders are required to have standing when suit is filed.

Foreclosure 52

Foreclosure Lender Judgment Banks 52

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. Since publishing a legal notice concerning a foreclosure action is inevitable, it is imperative for lenders to know how to do so properly. the Notice of Foreclosure Sale).

Foreclosure 52

Foreclosure Lender Judgment Construction 52

Jimerson Firm

MAY 21, 2021

Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. Lenders must pay careful attention to this Florida Statute to ensure they preserve their rights and properly deploy this valuable litigation tool. 2), Florida Statutes. Conclusion.

Foreclosure 52

Foreclosure Lender Judgment Loans 52

Troutman Sanders

MARCH 1, 2023

In 2017, the Lender moved for summary judgment against Mr. Kessler on its foreclosure complaint. The decision is an important and welcomed relief for many lenders and servicers within the state. The Court of Appeals has now clarified issues related to the 90-day notice for lenders and servicers to follow.

Foreclosure 52

Foreclosure Lender Bankruptcy Judgment 52

Better Credit Blog

DECEMBER 30, 2020

Short for Dell Financial Services/Webbank, the entry is probably on your report because you applied for a Dell Preferred Account. Most of the time, a hard inquiry from a lender or service provider is nothing to panic over. WebBank partners with Dell Financial Services, backing their financing plans.

Lender 52

Lender Financial services Loans Repossession 52

Jimerson Firm

JANUARY 9, 2023

If your case is one of your mistake and surprise, misrepresentation or misconduct (possibly fraud) on behalf of the lender, and a substantial unconscionable windfall to the borrower, then equity should dictate vacating the foreclosure sale.

Foreclosure 52

Foreclosure Judgment Lender Financial services 52