Summary
Florida Statute § 702.01 outlines the foreclosure process for commercial mortgages, including jurisdiction, procedure, sale, and deficiency judgments. Florida Statute § 701.04 addresses mortgage cancellation, requiring lenders to cancel mortgages upon debt payment and imposing penalties for non-compliance. In cases where a lender files a lien for the full loan amount without disbursing funds, these statutes may be relevant. Consider consulting legal resources or an attorney for guidance on pursuing lender misconduct or understanding foreclosure procedures.Full Conversation
Need Florida statutes that a Plaintiff filing foreclosure violated for a Commercial loan by not disbursing the total amount of the loan but filing a lien in the court for the full amount. will also need case law
****, here are some relevant Florida statutes that may apply to your situation:
- Florida Statute § *.*: Discusses default and enforcement of security interests.
- Florida Statute § *.*: Covers the process of foreclosure.
- Florida Statute § *.*: Pertains to the cancellation of mortgages.
For case law, consider looking up:
- Deutsche Bank Nat. Trust Co. v. Clarke, * So. 3d * (Fla. Dist. Ct. App. *)
- Servedio v. U.S. Bank Nat. Ass'n, * So. 3d * (Fla. Dist. Ct. App. *)
Do you need specific details on how these statutes or case laws apply?
What is the summary of the Florida Statute § *.* that covers the process of foreclosure for Commercial mortgages
Florida Statute § *.* covers the process of foreclosure for both residential and commercial mortgages. Here's a brief summary:
- Jurisdiction: Defines jurisdiction for foreclosures.
- Procedure: Outlines the legal process, including the filing of a complaint and issuance of a final judgment.
- Sale: Specifies the procedures for the sale of the foreclosed property.
- Deficiency: Addresses the issue of deficiency judgments.
Do you need more detailed information on any specific aspect of this statute?
Yes, on deficiency judgement
Florida Statute § *.* covers the process of foreclosure, including deficiency judgments, which occur when the foreclosure sale doesn’t cover the full amount owed. The lender can seek a deficiency judgment for the remaining balance.
Do you need detailed steps on how deficiency judgments are pursued in Florida?
ok no not what I'm looking for
Got it, ****. It sounds like you need more specific information. Could you clarify what particular aspect you're looking for? Are you interested in the legal repercussions for not disbursing the full amount of a commercial loan or something else?
What are the FL status governing Commercial transaction mortgages where the Lender during the closing process filed a lien on the property for the full amount of the loan but never disbursed the additional amounts
****, here are the relevant Florida statutes that might apply to your situation:
-
Florida Statute § *.*: Pertains to the cancellation of mortgages and could be relevant if the lender didn't disburse the full loan amount.
-
Florida Statute § *.*: Covers the foreclosure process, including deficiencies and potential lender misconduct.
~Florida Bar Association~
Phone: (*) *-*
Website: www.floridabar.org
Would you like to know more about how to pursue this issue legally?
Plus give a summary of Florida Statute § *.* as it relates to the scenario outlined above
Florida Statute § *.* - Summary:
- Jurisdiction: Defines the court's authority over foreclosure matters.
- Procedure: Outlines the filing of a foreclosure complaint and issuance of a final judgment.
- Sale: Details the sale process of the foreclosed property.
- Deficiency: Addresses judgments for remaining balances post-foreclosure sale.
In your scenario, this statute is relevant for understanding the foreclosure process and addressing any potential misconduct by the lender.
Is there anything else you need?
Sorry, I mean Florida Statute § *.*
Florida Statute § *.* pertains to the cancellation of mortgages. Here's a brief summary:
- Cancellation: Requires the mortgagee (lender) to cancel the mortgage once the debt is paid.
- Penalty: Provides penalties for failing to cancel the mortgage within specified timeframes.
- Affidavit of Payment: Borrower can file an affidavit if the lender fails to cancel the mortgage.
Is there a specific aspect of this statute you want more details on?