Blogs

Avoiding Online Lending Scams

A large part of our practice is going after debt collectors, credit card companies, banks and mortgage companies when they break the rules. However there are times where we also help clients who are ...
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Ocwen Barred from Pursuing Foreclosures After Failing to Comply With Servicing Rules

At one point in time, Ocwen was the nation’s largest non-bank loan servicer. The company, whose headquarters is in West Palm Beach, held a portfolio of over $500 billion in mortgage loans in ...
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Jury Awards $83 Million for Malicious Prosecution of Wrong Person's Debt

How much could you recover if a debt collector pursues you for someone else’s debt? For one woman in Missouri, the answer is $83 million. Several years ago, Portfolio Recovery Associates, one of ...
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What Happens to Student Loans if the Borrower Dies?

Benjamin Franklin once said, “In this world nothing can be said to be certain, except death and taxes.” Had he gone to school in modern-day America, he might have added student loan ...
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Can You Be Sued For More Money After Your Car is Repossessed?

Dealing with a repossessed vehicle can be embarrassing. Many people are reluctant to acknowledge that they are facing financial problems which led to the repossession, and as a result, fail to read ...
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End to Mandatory Arbitration?

The Consumer Protection Financial Bureau has been on a roll in the last year trying to pass new rules to protect consumers. A rule they proposed recently, if passed, would stop credit card companies, ...
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How to Vacate A Default Judgment Over A Debt

The vast majority of people who are sued by a debt buyer or debt collector never respond to the lawsuit in court. In fact, studies show that up to 90% of consumers facing a debt collection lawsuit ...
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Portfolio Recovery Associates Settles Class Action Lawsuits Over TCPA Claims

After recently settingly claims for FDCPA violations, Portfolio Recovery Associates (PRA) just agreed to settle several other class action lawsuits based on the TCPA. The Telephone Consumer Protection ...
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Portfolio Recovery Associates Loses Class Action Lawsuit Over FDCPA Violations

Portfolio Recovery Associates (PRA) is one of the largest debt buyers in the country. Chances are good that if you owe money, you’ve been contacted by one of their agents. In May, the company ...
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4th DCA Rules that Electronic Signatures on Mortgage Notes Are Sufficient in Foreclosure

A mortgage consists of two parts: the mortgage and the promissory note. The mortgage contains the deed of trust which transfers legal title to a property to the borrower and secures the loan. The ...
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Can You Purchase Another House After a Foreclosure?

Qualifying for a mortgage loan is an arduous process even with a decent credit score. If you have a foreclosure in your credit history, this process can be much more difficult. However, difficult is ...
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Appellate Court Overturns $1.3 Billion Judgment Against Bank of America for Foreclosure Fraud

A major victory for the federal government was overturned in late May after the U.S. Second Circuit Court of Appeals in New York threw out a $1.3 billion judgment against Bank of America for its role ...
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Why You Should Save Your "Junk Mail" from Debt Collectors

No one enjoys getting letters from debt collectors. If you are one of the millions of people who owe money to credit card companies or other debt collectors, you probably receive a significant amount ...
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What Types of Property Can a Creditor Take to Satisfy A Debt?

If you owe a debt that you haven’t paid, the creditor to whom you owe money has the right to take legal action against you. If you do not defend yourself in such a lawsuit or lose the case, the ...
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11th Circuit Says Filing Stale Claims in Bankruptcy Violates FDCPA

During a bankruptcy case, creditors are allowed to add their claims into the case if the debtor forgot to add them. For instance, if a debtor forgot about an old credit card debt, the creditor can ...
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Private vs. Public Student Loans: Why The Differences Matter When It's Time to Repay

Student loan debt often follows a borrower for much of his or her life. Though it is difficult to fully understand what student loans mean as a college student, many people who take out large amounts ...
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When Can A Creditor Repossess Your Vehicle?

Most consumers do not have the cash on hand necessary to purchase a vehicle outright and must use an auto loan to finance a new vehicle. When a vehicle is subject to an auto loan, the person who ...
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Florida Rejects Funds Meant to Help Struggling Homeowners

No state in the country was hit by the mortgage foreclosure crisis as hard as Florida. Florida faced more foreclosures than anywhere else in the nation, and housing prices fell dramatically. While the ...
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What Information Is Allowed On Your Credit Report?

Your credit report contains a wealth of information about you and your financial history. There are three different credit reporting companies (Experian, Equifax, and Transunion) that provide these ...
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Consumer Financial Protection Bureau Releases Summary of New FDCPA Rules

The Consumer Financial Protection Bureau (CFPB) is an independent agency in the U.S. government that oversees the rules and regulations for consumer protection. The agency is able to regulate banks, ...
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Feds Crack Down On Phantom Debt Collection Schemes

The Federal Trade Commission (FTC) recently began Operation Collection Protection, a plan to shut down phantom debt collection schemes running rampant across the country. These schemes trick consumers ...
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Can Debt Collectors Use Your Social Media Accounts to Track You Down?

Nearly everyone has some type of social media account, from Facebook to Twitter to Instagram. While most people use these accounts to keep in touch with family and friends, debt collectors may be ...
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Debts You Can't Discharge in Bankruptcy

Bankruptcy helps hundreds of thousands of people every year clear out old debts and get a new financial start. However, there are some debts that a bankruptcy cannot erase, and will stay with the ...
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What Are Your Alternatives to Foreclosure in Florida?

Facing foreclosure can be a difficult prospect, especially if you want to stay in your home. In addition to the threat of losing a house you love, foreclosure can have serious financial repercussions ...
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FHFA Announces Principal Reduction Program for Homeowners

The Federal Housing Finance Agency (FHFA) recently announced that some homeowners will now be eligible for a principal reduction on their mortgages, which will help the owners stay in their homes. The ...
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