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What Happens if You Fail to Respond Within 20 Days to a Foreclosure Complaint?

If the Bank ( Plaintiff ) files a foreclosure complaint against you, they must serve you with a summons and a complaint. If this happens to you, you will have 20 days to answer the Plaintiff’s ...
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Stripping for Bankruptcy

One of the biggest challenges people contemplating filing for bankruptcy face is determining whether they should file a Chapter 7 or Chapter 13 (or even a Chapter 11 filing). There are many factors ...
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Benefits of a Chapter 11 Bankruptcy

Chapter 11 allows a debtor to cease the collection activities, including civil lawsuits, filed by its creditors. The debtor, whether an individual or business is the only party allowed to file a plan ...
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Chapter 11 Individual Filing:

A chapter 11 bankruptcy begins with the filing of a voluntary petition in the district in which the debtor resides or is domiciled. Similar to other chapters in bankruptcy, an individual filing for ...
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When the Bank Makes a Mistake

A lot of times, the bank fails to prove their case. Sloppy paperwork, incomplete documents, inexperienced attorney’s or bank witnesses all contribute to the bank making critical mistakes that a ...
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CFPB Reports That Most Car Buyers Do Not Understand Auto Financing

According to a report from the Consumer Financial Protection Bureau (CFPB), auto loans are the third biggest category of household debt for Americans, behind mortgages and student loans. Altogether, ...
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Prevalent Problems

Again we revisit Florida Rule of Civil Procedure 1.140(b) which provides that a Defendant may make a “showing that the court lacks jurisdiction of the subject matter may be made at any ...
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Signs That You May Be A Victim Of Identity Theft

Identity theft is a rampant and growing problem across the country. Despite financial institutions creating new and more advanced safeguards, identity thieves have stolen over $112 billion from ...
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Sale Cancellations

Frequently attorneys come to court and end up not fighting the Bank surprisingly, but rather judges who are worried about their superior court’s assessment of limitless granting of continuances ...
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Credit Card Debt Rises At Rapid Rate, Approaches Pre-Financial Crisis Levels

Over the past few years, the struggling economy has affected nearly everyone’s finances. For several years, consumers largely stopped making large purchases, and tightened their belts when it ...
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Federal Regulators Consider Strengthening Borrower Protection Requirements For Online Small Business Loans

Last year, online banking companies provided over $1.9 billion in small business loans. With the market booming, federal regulators are now examining the type of oversight that the industry needs. ...
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WHY MUDDY THE WATERS? What to say to an Intervenor in your case...

A motion to intervene must identify an interest at stake in the present case that the would-be intervenor has standing to assert. Litvak v. Scylla Properties, LLC, 946 So. 2d 1165 (Fla. 1st DCA 2006). ...
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U.S. Supreme Court Agrees To Review Miami-Based Predatory Mortgage Lending Case

The United States Supreme Court has agreed to hear a case filed by the city of Miami regarding predatory mortgage lending schemes. The appeal, filed by Bank of America and Wells Fargo, comes after the ...
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FHA LOAN

What does it mean if you have an FHA loan? Consider the following: although FHA loans typically do not include the traditional protections of conventional loans, they still can pack a major hit in ...
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Favorable Federal Opinion on FDCPA

An interesting and consumer friendly opinion was delivered recently by the United States Court of Appeals for the Eleventh Circuit in the matter of Connie Bishop v. Rose, Earle & Bonan, P.A. The ...
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Federal Court Shuts Down Florida-Based Robo-Calling Scam

The Florida Attorney General’s Office recently announced that it had obtained a federal court order to shut down a Central Florida-based robocalling scam. The Attorney General worked with the ...
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FCC Makes Declaratory Ruling Changing TCPA Law

On July 10, 2015, The Federal Communication Commission (FCC) issued a long-awaited ruling regarding the Telephone Consumer Protection Act (TCPA). The ruling has many implications for all types of ...
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What Is A Concrete Injury In Terms Of Debt Collection Lawsuits?

After the U.S. Supreme Court decision in Spokeo, Inc. v. Robins, consumers have been required to show proof of a “concrete and particularized injury” before bringing a claim under various ...
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How To Get Creditors To Stop Calling You

You don’t have to put up with constant harassment from creditors and debt collectors. If a bill collector is bothering you with phone calls, text messages, or other communications, you have the ...
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New Life for UDAAP Claims

The Consumer Financial Protection Bureau(“CFPB”) is a federal watch dog group responsible for policing financial institutions and protecting consumers from scams and certain abusive ...
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11th Circuit Finds "Cash For Keys" Offer Is Not An FDCPA Violation

The 11th Circuit Court of Appeals, which hears cases from Florida, Georgia, and Alabama, recently issued a decision regarding the FDCPA requirements for lenders who want to offer homeowners a ...
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Trump Campaign Hit With Multiple TCPA Lawsuits Due To Unauthorized Text Messages

Donald Trump’s presidential campaign has become the subject of a class action lawsuit based on based on violations of the Telephone Consumer Protection Act (TCPA). The TCPA was passed in 1991 as ...
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Understanding The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that governs how consumer reporting agencies are allowed to manage consumer information. The law helps create accurate and fair credit reports ...
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What Are The Differences Between The FDCPA And The FCCPA?

If you have problems with old debts or debt collector harassment, you will likely hear a lot of acronyms. Two of the most important for consumers are the Fair Debt Collection Practices Act (FDCPA) and ...
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Reverse Mortgages Part 2

I’ve spoken about reverse mortgages in the past, but today I want to discuss another issue that has been affecting our clients. In a typical reverse mortgage, one of the requirements on the ...
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