Judgment Collection

Lender’s Demand For Spouse’s Signature On Promissory Note or on Loan Guarantee May Violate Federal Law According To Florida Court

Institutional lenders understand well Florida’s tenants by entireties protection, and they understand that they may not be able to enforce promissory notes against a married borrower unless the note is signed by both the borrower and his spouse. For this reason, most lenders will insist on joint signatures to loans…

Court Permits Creditor Foreclosure Of Debtor Interest In Single Member Delaware LLC

A debtor owned a series of single member Delaware limited liability company. Delaware law provides that the charging lien is the exclusive creditor remedy to attack all LLCs regardless of the number of members. Most other states including Florida  provide that a creditor can foreclose the debtor’s interest in a…