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Author: Jimerson Birr

March 2015

March 22, 2015 In The News

Charles Jimerson comments on Jose Lantigua’s faked death and arrest in the Jacksonville Business Journal’s article “Presumably dead Jacksonville businessman arrested after being found in North Carolina.”

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part II

March 20, 2015 Community Association Industry Legal Blog

This blog post is part II in a series of posts discussing why community associations cannot afford to ignore lender foreclosure actions. The underlying theme of this series is that associations have a financial interest and lien rights in their properties and by ignoring lender foreclosure actions, associations are ignoring their own financial interests and main sources of revenue. Part I explained that associations have the power, under the Florida Statutes, to expedite the foreclosure process when lenders are delaying. Part I also illustrated that by implementing a consistent policy for appearing in lender foreclosure actions and expediting the legal proceedings, associations can save tens of thousands of dollars over the years. This blog post addresses the unclaimed revenue in the form of foreclosure sale proceeds that associations fail to capitalize on due to not appearing in lender foreclosure actions and asserting their priority lien rights.

General Contractors may Seek Treble Damages Against Unlicensed Subcontractors Pursuant to Section 768.0425, Florida Statutes

March 4, 2015 Construction Industry Legal Blog

In Florida, unlicensed contracting is a crime. Florida Statutes provide special civil remedies for those harmed by unlicensed contracting. For instance, Section 768.0425 provides that a consumer harmed by an unlicensed contractor is entitled to treble damages and attorney’s fees. These are extreme remedies intended to punish unlicensed contractors. We typically think of a homeowner as the “consumer” in this context. However, a general contractor is likewise entitled to the civil remedies of §768.0425 if the contractor is harmed by its unlicensed subcontractor. Home Construction Management, LLC v. Comet, Inc., 125 So.3d 221 (Fla. 4th DCA 2013).

Why Community Associations Cannot Afford to Ignore Lender Foreclosure Actions – Part I

February 23, 2015 Community Association Industry Legal Blog

It happens all the time—an association gets served with a lender foreclosure action and the papers get set aside, never given a second thought. It is hard to fathom a more costly approach to association management that, in the long run, produces a greater negative impact to the association’s budget. Let’s take a second to consider why it is that community associations are named defendants in a property owner’s foreclosure action and get served with the lawsuit in the first place. The reason is because associations have a financial interest and lien rights in the underlying property for the required assessments pursuant to their declarations and the Florida Statutes. By ignoring lender foreclosure actions an association is ignoring its own financial interest and main source of revenue. This blog post is the first in a series of posts discussing the top reasons why community associations must not ignore lender foreclosure actions.

Setting Aside Fraudulent Transfers Part II: Voluntary Dissolution and Individual Liability of Principals

February 17, 2015 Banking & Financial Services Industry Legal Blog

This blog is related to the previous blog post of “Setting Aside Fraudulent Transfers” as it relates to a creditor’s efforts to recover from a dissolved corporation or dissolved LLC.  Setting Aside Fraudulent Transfers Part I: What to look for when going after officers or successor company discussed how a […]

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Charles B. Jimerson
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