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Definitions and Requirements for Florida Mortgages

November 20, 2020 FAQs Banking and Financial Services

Q: What is the Florida definition of a mortgage and debt? A: The word “mortgage” shall mean any written instrument securing the payment of money or advances and includes liens to secure payment of assessments arising under Florida Statutes Chapters 718 and 719 and liens created pursuant to the recorded covenants […]

Accelerations & Defaults

December 22, 2020 FAQs Banking and Financial Services

Q: What can cause a default and acceleration in a commercial mortgage? A: Generally, the causes for default activating a lender’s right to foreclose are set forth expressly in the mortgage. Florida courts are liberal as to allowing the parties to freely determine what events may constitute default. Fundamentally, mortgage […]

Foreclosures

December 22, 2020 FAQs Banking and Financial Services

Q: What is a commercial foreclosure? A. When a secured creditor, usually a lending institution, attempts to recover monies owed based on a promissory note made by a commercial entity by legally recovering right to the collateral. Q: What is a decree of foreclosure and what are foreclosure proceedings under […]

Lender Considerations & Options

December 22, 2020 FAQs Banking and Financial Services

Q: Why would lenders attempt to workout defaulted mortgage loans? A: Once a mortgagor (borrower) has defaulted, it is often advisable to continue exploring constructive solutions to avoid the expense associated with foreclosure and resale of the collateral. Because workouts involve both parties working together to protect each other’s common […]

Actions, Requirements & Results of Foreclosure

December 22, 2020 FAQs Banking and Financial Services

Q: What are statutory notice requirements in Florida? A: With any assertion of default, compliance with notice provisions can be critical. In addition to default and acceleration notices, critical notices in Florida for commercial lenders are sequestration of rents and profits notices pursuant to Chapter 697, Florida Statutes and FDCPA […]

Bankruptcy and its Effects on Foreclosure Proceedings

December 22, 2020 FAQs Banking and Financial Services

Q: How does the borrower filing bankruptcy change my commercial foreclosure filing? A: The filing of bankruptcy by a mortgagor has become a common response to a foreclosure proceeding. The mortgagor may file a voluntary petition under the Bankruptcy Code and become a debtor under Chapter 7 (liquidation), Chapter 11 […]

Recommendations for How to Avoid a Consumer Protection Violation

August 2, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Videos Banking and Financial Services

Many laws have been passed in both the United States and the State of Florida to protect the rights of consumers. As a result, it is incumbent on you to apply policies in your organization to avoid a consumer protection violation. But understanding these protections comes first. This visual presentation […]

Fraudulent Transfer Remedies & Defenses Under FUFTA

August 2, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Videos Banking and Financial Services

There are fraudulent transfer remedies available to creditors, whether their claims are liquidated, mature or immature. But what fraudulent transfer defenses are likely, for debtors or creditors alike? Asset protection professionals involved with estates and trusts grapple with understanding these rights everyday. This video presentation was recorded by Jimerson Birr […]

How to Understand Purchase Money Security Interest or PMSI and Other Categories of Collateral That are Excluded From a Collateral Lien

August 7, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Videos Banking and Financial Services

A collateral lien may exclude some categories of collateral. This is of particular concern if a piece of property changes from one category to another. In this video presentation, Charles B. Jimerson and two additional attorneys provide a thorough explanation of purchase money security interest (also known as PMSI). Additionally, the speakers […]

Florida Business Break-up 101: Issues, Mechanisms, Planning, Forcing, Defending and Valuation

August 7, 2018 Banking & Financial Services Industry Legal Blog, Presentations, Professional Services Industry Legal Blog, Videos Banking and Financial Services, Professional Services

A Florida business break-up can be messy. However, it doesn’t have to be that way. Instead, owners of a business who plan ahead with consideration of potential future challenges can help ensure an amicable break-up, free of drama or difficulty. And by having an experienced contract law attorney in your […]

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Charles B. Jimerson
Managing Partner

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

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