Almost inevitably, on the eve of the foreclosure sale, borrowers file a chapter 7 or chapter 13 bankruptcy petition. Borrowers have two incentives to do so. First, borrowers may want to have the unsecured mortgage debt discharged so that they are not liable for any deficiency judgment. Second, borrowers often […]
Section 673.3091, Florida Statutes, permits lenders to enforce lost, destroyed, or stolen instruments, but only upon certain conditions. One of those conditions is that “the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the […]
It is not uncommon for a borrower to file for bankruptcy before or during a foreclosure lawsuit, or most commonly, upon the eve of the foreclosure sale. When a borrower files a voluntary petition under the Bankruptcy Code, Section 362(a) of the Bankruptcy Code provides an automatic stay of most […]
In Florida, foreclosures are judicial. This means that a lender must file a foreclosure complaint with the court, and the borrower will be given an opportunity to file defenses to stop the foreclosure. Some of the common defenses to foreclosure include: lack of standing; failure to provide required notice of […]
Lenders can often expedite a foreclosure by moving for an order to show cause under Section 702.10, Florida Statutes. There are two types of orders to show cause. The first directs the defendants to show why a foreclosure judgment should not be entered. § 702.10(1), Fla. Stat. (2020). If the defendants […]
Small businesses have relied on government assistance, including Paycheck Protection Program (“PPP”) loans and Economic Injury Disaster Loans (“EIDL”) to survive the COVID-19 pandemic’s economic fallout; however, even with such help, many small businesses are facing the prospect of closing their doors with outstanding government loans and other obligations. This […]
Foreclosures can be a lengthy, expensive process for both lenders and borrowers. There are several foreclosure alternatives lenders can consider that often achieve more effective resolutions, which are acceptable to both parties. When both the lender and borrower believe the borrower should remain in possession of the property, modification is […]
On Tuesday, June 15, 2021 from 12:00 PM-1:00 PM, three attorneys from our Real Estate Development, Sales and Leasing team will present Commercial Real Estate Transactions: How to Avoid Common Buyers’ Pitfalls. The one-hour presentation will be followed by lunch with the presenters to allow for further discussions and networking […]
In Florida, all mortgages are foreclosed in equity. Fla. Stat. § 702.01. Based on this, there are a few things lenders should be aware of before foreclosing on a mortgage: there is no right to a jury trial, the borrower has a right of redemption, the borrower is entitled to […]
Lenders sometime receive requests for a payoff amount during a foreclosure. This is because borrowers can reclaim their interests in property subject to foreclosure by paying off the balance of their loan, at any time before the clerk of the court files a certificate of sale (which is often referred […]