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 […]
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 […]
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 […]
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 […]
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 […]
Q: What is the landlord’s lien for rent? A: Section 83.08, Florida Statutes, provides that a landlord has a lien for unpaid rent upon the tenant’s personal property. The lien is upon all agricultural products raised on the rented property, upon all other property of the tenant “usually kept on […]
Featured in the December 2020 Issue Partner’s Perspective: With No Direction Home, America is a Rolling Stone. How Does it Feel? Managing Partner Moderated Fall CLE Judicial Panel Firm Partner Leads Certification Course for Homeowner’s Association Board Members Jimerson Birr Nominated for Reader’s Choice Award – Last Chance to Vote Curiosities, […]
This is my go-to firm when my associations need to get things done well and in a hurry. This firm is action oriented. They don’t sit around talking about it- they get it done. Whether that task is collecting fees and assessments, helping my boards make challenging decisions, or coaching […]
This firm does it all. They have been critical to ensuring that the governing documents and policies of our HOA are clear, complete and applied consistently. Through their industry expertise, they minimize risks of disputes amongst neighbors in our community, and when such disputes arise they are efficient and economical […]
Professional. No hype, no blustering, no false promises, no stumbling around the issues. They listen, have quick command of the subject, provide sound advice going in, and get to the point. Preparation is their key. In an environment filled with pretenders, Jimerson Birr is a great example of what a […]