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Bankruptcy Trustee Lien Rights

AM
Angie M. Vandenberg
Wed, Mar 28, 2018 8:09 PM

Good Afternoon,

I have a "quick" lien question that I am looking for some feedback on... Does a Bankruptcy Trustee have capacity to enter into a satisfaction/discharge of lien on behalf of a lienor? In other words, are the Trustee's actions equivalent to that of the lienor and/or the lienor's agent for purposes of the satisfaction and Fla. Stat. 713.21?

Thank you in advance,
Angie

Angie M. VandenBerg
Moyer Law Group
801 Third Street South
St. Petersburg, FL 33701
727.310.2002 - (p)
727.310.2003 - (f)
avandenberg@moyerlawgroup.commailto:avandenberg@moyerlawgroup.com
www.MoyerLawGroup.comhttp://www.moyerlawgroup.com/

Good Afternoon, I have a "quick" lien question that I am looking for some feedback on... Does a Bankruptcy Trustee have capacity to enter into a satisfaction/discharge of lien on behalf of a lienor? In other words, are the Trustee's actions equivalent to that of the lienor and/or the lienor's agent for purposes of the satisfaction and Fla. Stat. 713.21? Thank you in advance, Angie Angie M. VandenBerg Moyer Law Group 801 Third Street South St. Petersburg, FL 33701 727.310.2002 - (p) 727.310.2003 - (f) avandenberg@moyerlawgroup.com<mailto:avandenberg@moyerlawgroup.com> www.MoyerLawGroup.com<http://www.moyerlawgroup.com/>
RC
Richard Cartlidge
Wed, Mar 28, 2018 8:35 PM

Assuming the lienor is the one that filed for bankruptcy protection then yes they have authority to discharge or satisfy the lien.

On Mar 28, 2018, at 4:16 PM, Angie M. Vandenberg <avandenberg@moyerlawgroup.commailto:avandenberg@moyerlawgroup.com> wrote:

Good Afternoon,

I have a “quick” lien question that I am looking for some feedback on… Does a Bankruptcy Trustee have capacity to enter into a satisfaction/discharge of lien on behalf of a lienor? In other words, are the Trustee’s actions equivalent to that of the lienor and/or the lienor’s agent for purposes of the satisfaction and Fla. Stat. 713.21?

Thank you in advance,
Angie

Angie M. VandenBerg
Moyer Law Group
801 Third Street South
St. Petersburg, FL 33701
727.310.2002 - (p)
727.310.2003 - (f)
avandenberg@moyerlawgroup.commailto:avandenberg@moyerlawgroup.com
www.MoyerLawGroup.comhttp://www.moyerlawgroup.com/

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Assuming the lienor is the one that filed for bankruptcy protection then yes they have authority to discharge or satisfy the lien. On Mar 28, 2018, at 4:16 PM, Angie M. Vandenberg <avandenberg@moyerlawgroup.com<mailto:avandenberg@moyerlawgroup.com>> wrote: Good Afternoon, I have a “quick” lien question that I am looking for some feedback on… Does a Bankruptcy Trustee have capacity to enter into a satisfaction/discharge of lien on behalf of a lienor? In other words, are the Trustee’s actions equivalent to that of the lienor and/or the lienor’s agent for purposes of the satisfaction and Fla. Stat. 713.21? Thank you in advance, Angie Angie M. VandenBerg Moyer Law Group 801 Third Street South St. Petersburg, FL 33701 727.310.2002 - (p) 727.310.2003 - (f) avandenberg@moyerlawgroup.com<mailto:avandenberg@moyerlawgroup.com> www.MoyerLawGroup.com<http://www.moyerlawgroup.com/> _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org<mailto:CLC-Discussion@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/clc-discussion
BA
Barry Ansbacher
Mon, Apr 16, 2018 12:34 PM

Colleagues,

I am exploring options in response to a partial denial of a FEMA flood insurance claim made on behalf of a condominium client. The client suffered significant flood damage which FEMA does not dispute. The issues are that FEMA, based apparently on an internal cost estimating program, is tendering less than the actual repair cost for covered damage. In addition, the building cannot be repaired without constructing a temporary access road to allow the heavy equipment to be mobilized. FEMA considers this significant expense to an uncovered “off-site” improvement since the road is obviously not within the footprint of the covered building.

In exploring options, it appears that we can take an administrative appeal, an insurance appraisal, or pursue litigation in Federal court. Can anyone offer any suggestions regarding the efficacy and preference of the alternative dispute resolution vehicles in this context?

Much appreciated.

Barry

Barry B. Ansbacher
Board Certified Real Estate Attorney
Board Certified Construction Lawyer
Barry.Ansbacher@ansbacher.net

http://www.ansbacher.net/
ANSBACHER LAW
REAL ESTATE ⋅ CONSTRUCTION ⋅ PERSONAL INJURY
CONDOMINIUMS ⋅ HOMEOWNER ASSOCIATIONS
WWW.ANSBACHER.NET

Jacksonville:    904.737.4600
Orange Park:    904.385.3444
St. Augustine:  904.429.4833
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Personal Injury: 904.737.4700

Ansbacher Law strives to provide the highest level of service. If you have any comments or concerns, please send a note to our CARE CENTER mailto:wecare@ansbacher.net or contact our COO Tina Bryan at 904.737.4600 x113

This message (and any associated files) is intended only for the use of the intended recipient and may contain information that is confidential, and subject to privilege. If you are not the intended recipient note that any dissemination, copying or distribution of this message, or associated files is prohibited. Absent language to the contrary in the body of the message or attachment, this communication will not satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions.  If this communication relates to a debt, please note that this is a communication from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.

Colleagues, I am exploring options in response to a partial denial of a FEMA flood insurance claim made on behalf of a condominium client. The client suffered significant flood damage which FEMA does not dispute. The issues are that FEMA, based apparently on an internal cost estimating program, is tendering less than the actual repair cost for covered damage. In addition, the building cannot be repaired without constructing a temporary access road to allow the heavy equipment to be mobilized. FEMA considers this significant expense to an uncovered “off-site” improvement since the road is obviously not within the footprint of the covered building. In exploring options, it appears that we can take an administrative appeal, an insurance appraisal, or pursue litigation in Federal court. Can anyone offer any suggestions regarding the efficacy and preference of the alternative dispute resolution vehicles in this context? Much appreciated. Barry Barry B. Ansbacher Board Certified Real Estate Attorney Board Certified Construction Lawyer Barry.Ansbacher@ansbacher.net <http://www.ansbacher.net/> ANSBACHER LAW REAL ESTATE ⋅ CONSTRUCTION ⋅ PERSONAL INJURY CONDOMINIUMS ⋅ HOMEOWNER ASSOCIATIONS WWW.ANSBACHER.NET Jacksonville: 904.737.4600 Orange Park: 904.385.3444 St. Augustine: 904.429.4833 Palm Coast: 386.445.9789 Collections: 904.416.1511 Personal Injury: 904.737.4700 Ansbacher Law strives to provide the highest level of service. If you have any comments or concerns, please send a note to our CARE CENTER <mailto:wecare@ansbacher.net> or contact our COO Tina Bryan at 904.737.4600 x113 ________________________________ This message (and any associated files) is intended only for the use of the intended recipient and may contain information that is confidential, and subject to privilege. If you are not the intended recipient note that any dissemination, copying or distribution of this message, or associated files is prohibited. Absent language to the contrary in the body of the message or attachment, this communication will not satisfy the requirements for a writing, and nothing contained herein shall constitute a contract or electronic signature under the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions. If this communication relates to a debt, please note that this is a communication from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.
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