Se Habla Español | Nou Pale Kreyòl

Blogs

Bartram v. US Bank National Association

I want to take the time to talk about a case I successfully defended today. Like many of you, the borrowers have been through a foreclosure before and were able to keep their home. The bank however ...
Continue reading "Bartram v. US Bank National Association" »

Mandatory Subpoena's

A subpoena is a powerful tool provided to attorneys. With it, you can force an individual to appear before you or the court, or to provide documents to further the discovery process. There is also an ...
Continue reading "Mandatory Subpoena's" »

Who Is A Debt Collector Under Florida Law?

Pursuant to Fla. Stat. § 559.55, which as enacted comprises the Florida Consumer Collection Practices Act, a debt collector in Florida is defined as any person who uses any instrumentality of ...
Continue reading "Who Is A Debt Collector Under Florida Law?" »

Proving the Elements of Your Case

When a bank files a foreclosure action, the burden is with them to prove they are entitled to foreclose. Occasionally, the banks records regarding a loan are lacking and they need to seek additional ...
Continue reading "Proving the Elements of Your Case" »

Acceleration Of Your Home Loan: What Does It Mean?

Prior to foreclosure, a homeowner (and borrower) may receive a Notice of Acceleration from a lender. It may be referred to as Notice of Default, Acceleration Notice, Notice of Default and ...
Continue reading "Acceleration Of Your Home Loan: What Does It Mean?" »

Prioritizing Monetary Resources in a Financial Crisis: Should You Support Yourself or Your Adult Children First?

The last time that I flew, the airline flight attendant instructed all of the passengers aboard the plane on how to handle a mid-flight emergency. She explained that in the case of an air pressure ...
Continue reading "Prioritizing Monetary Resources in a Financial Crisis: Should You Support Yourself or Your Adult Children First?" »

What Is An Unsecured Priority Debt In A Bankruptcy Case?

When a debtor files a bankruptcy case, he or she must file schedules listing their debts. There are individual schedules for each of the three types of debts that a debtor may list. As many would ...
Continue reading "What Is An Unsecured Priority Debt In A Bankruptcy Case?" »

Bartram v. U.S. Bank, N.A.

Due to the recent decision of the Supreme Court of Florida in Bartram v. U.S. Bank, N.A. , banks and other mortgage holders may be able to re-file residential mortgage foreclosure actions in the ...
Continue reading "Bartram v. U.S. Bank, N.A." »

Florida Statutes Of Limitations On Debts

Most laypersons are familiar with the term "statute of limitations," as it is one of the most common legal terms. A statute of limitations is a statute prescribing a period of limitation for ...
Continue reading "Florida Statutes Of Limitations On Debts" »

Some Things To Know About Student Loans: Forbearance Of Student Loans

Student loan debtors who don't qualify for a deferment may be able to obtain a forbearance from a student loan servicer. A forbearance allows a student loan debtor to make reduced or even no ...
Continue reading "Some Things To Know About Student Loans: Forbearance Of Student Loans" »

Real Estate Settlement Procedures Act (Regulation X), Loan Modifications and Foreclosure Sale Dates

There are many laws, at both the state and federal levels, that affect mortgage foreclosure proceedings and loan modifications. One of the many important federal laws to be aware of is commonly ...
Continue reading "Real Estate Settlement Procedures Act (Regulation X), Loan Modifications and Foreclosure Sale Dates" »

Some Things To Know About Student Loans: Deferment Of Student Loans

Loan Lawyers may provide assistance to student loan debtors who are experiencing difficulty repaying their student loan obligations. Some student loan debtors may obtain a deferment of their student ...
Continue reading "Some Things To Know About Student Loans: Deferment Of Student Loans" »

Alternatives To A Modification Of Your Home Loan

When a homeowner decides that it is no longer feasible to modify a home loan and continue living in a particular home, foreclosure is not necessarily inevitable. Rather, it's simply time to ...
Continue reading "Alternatives To A Modification Of Your Home Loan" »

What To Do If Your Loan Modification Is Denied

Once a loan modification has been denied, homeowners often face despair because of the belief that there is nothing more that can be done to save their home. After denial of a loan modification, the ...
Continue reading "What To Do If Your Loan Modification Is Denied" »

The Best Interest Of Creditors Test And Chapter 13 Cases

A frequently asked question is: What are some of the differences between Chapter 7 and Chapter 13 bankruptcy cases? The main difference is that a Chapter 13 case is a reorganization of debts and ...
Continue reading "The Best Interest Of Creditors Test And Chapter 13 Cases" »

The Best Interest Of Creditors Test And Chapter 7 Cases

The best interest of creditors test is applied in a Chapter 13 bankruptcy case to determine the minimum amount a debtor must pay to nonpriority unsecured creditors in a Chapter 13 plan. This analysis ...
Continue reading "The Best Interest Of Creditors Test And Chapter 7 Cases" »

Creditors' Scope Of Duty To investigate Under §1681s-2(b) Of The Fair Credit Reporting Act

Earlier in 2016, the Eleventh Circuit addressed an issue of first impression in Hinkle v. Midland Credit Management, Inc. , 2016 WL 3672112 (11th Cir. July 11, 2016). The case involved a consumer ...
Continue reading "Creditors' Scope Of Duty To investigate Under §1681s-2(b) Of The Fair Credit Reporting Act" »

How Do I Verify A Debt?

The Fair Debt Collection Practices Act ("FDCPA") grants consumers the power to require that a debt collector verify the amount and validity of a debt. This is often referred to as "debt ...
Continue reading "How Do I Verify A Debt?" »

Can The IRS Take My SSI To Repay My Tax Debts?

SSI or "Supplemental Security Income" is a program administered by the Social Security Administration. Monthly benefits are paid to individuals with limited income and resources who are ...
Continue reading "Can The IRS Take My SSI To Repay My Tax Debts?" »

Must I Report An Inheritance I Receive After Filing My Bankruptcy Case? Part 2 - Chapter 13 Cases

The first part of the article on inheritances received postpetition, or after the filing of a bankruptcy case, addressed some basics and what happens to such inheritances in Chapter 7 cases. Under 11 ...
Continue reading "Must I Report An Inheritance I Receive After Filing My Bankruptcy Case? Part 2 - Chapter 13 Cases" »

Must I Report An Inheritance I Receive After Filing My Bankruptcy Case? Part 1 - Chapter 7 Cases

At the moment you file a bankruptcy petition, a snapshot of your financial circumstances is recorded for administering your bankruptcy case. For example, it's at this moment that your property ...
Continue reading "Must I Report An Inheritance I Receive After Filing My Bankruptcy Case? Part 1 - Chapter 7 Cases" »

Beware Of Debt Collection Scams

Debt collection scams are on the rise. It's bad enough that consumers often have to sustain the unethical and unscrupulous practices of a debt collector trying to collect a legitimate debt, but ...
Continue reading "Beware Of Debt Collection Scams" »

In-House Vs. HAMP Loan Modifications: Which Is Better?

So what do you do if you need a loan modification? Is it better to pursue an in-house traditional loan modification or one offered under the Home Affordable Modification Program (HAMP)? Since lenders ...
Continue reading "In-House Vs. HAMP Loan Modifications: Which Is Better?" »

In-House Vs. HAMP Loan Modifications: Some Basic Information

Florida homeowners have been inundated with the words "loan modification" for the last ten years. Some lenders often in-house loan modifications and, as a response to the mortgage crisis at ...
Continue reading "In-House Vs. HAMP Loan Modifications: Some Basic Information" »

Florida Supreme Court Says The Statute Of Limitations Doesn't Apply To Foreclosures

A statute of limitations is a statute prescribing a period of limitation for the initiation of filing of certain kinds of legal actions. Florida has a five year statute of limitations regarding ...
Continue reading "Florida Supreme Court Says The Statute Of Limitations Doesn't Apply To Foreclosures" »
  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
<div class="video-wrap"> <object type="application/x-shockwave-flash" data="/Shared/videovault/lt/player.swf" width="100%" height="100%" bgcolor="#000000" id="FlashSWF045327554480172694" name="FlashSWF045327554480172694" tabindex="0"><param name="allowfullscreen" value="true"><param name="allowscriptaccess" value="always"><param name="seamlesstabbing" value="true"><param name="wmode" value="opaque"><param name="flashvars" value="netstreambasepath=http%3A%2F%2Ffight13com.scorpionlocal.com%2FAdmin%2FLayout%2FTemplate.aspx%3FT%3D45313%26preview%3Dfalse%26edit%3Dfalse%26editlayout%3Dfalse%26pageid%3D5538965&id=FlashSWF045327554480172694&file=%2Fmedia%2FBeing_harrassed_by_debt_collectors.mp4&image=/media/vpics/Loan-Lawyers-TV-Commercial-Stop-the-foreclosure_20140918044522.png&skin=glow&levels=%5B%5BJSON%5D%5D%5B%7B%22bitrate%22%3A185%2C%22file%22%3A%22%2Fmedia%2F150%2FBeing_harrassed_by_debt_collectors.mp4%22%2C%22width%22%3A0%7D%2C%7B%22bitrate%22%3A236%2C%22file%22%3A%22%2Fmedia%2F400%2FBeing_harrassed_by_debt_collectors.mp4%22%2C%22width%22%3A0%7D%2C%7B%22bitrate%22%3A349%2C%22file%22%3A%22%2Fmedia%2FLoan-Lawyers-TV-Commercial-Stop-the-foreclosure.mp4%22%2C%22width%22%3A0%7D%5D&controlbar.position=over"></object> <a href="/Video-Center.aspx" class="videoBtn">More Videos</a> </div>