Blogs

Stop Calling!

What happens when a mortgage loan servicer keeps calling you on your cell phone even after you asked them not to in writing and over the phone? What happens when that same mortgage loan servicer also ...
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A Scam to Watch Out For

As an attorney, most of my time is focused on issues related to consumer debt. I spend a lot of time helping people deal with their creditors, fighting debt collection lawsuits, and dealing with ...
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Process Server Mistakes

A lawsuit for a credit card debt as well as many other forms of consumer-debt requires that the creditor first send certain documents to the courthouse. After the creditor files the lawsuit the ...
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Competing Liens

Mortgage foreclosure actions are equitable in nature. See § 702.01, Fla. Stat. U.S. Bank Nat. Ass'n v. Farhood, 153 So. 3d 955, 958 (Fla. 1st DCA. 2014). However, the “long-enduring ...
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Who Can Foreclose?

There used to be a time when you borrowed money from a bank for a mortgage, you made your mortgage payment to that bank. Eventually, the banks decided to bundle and sell off your mortgage to other ...
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Examining the Witness

We’ve all seen in on TV and in the movies – the lawyer approaches the witness on the stand, drills them with questions, and eventually, the witness breaks down and admits that everything ...
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Judicial Admissions

An essential part of most lawsuits is the discovery conducted by the parties. One type of discovery commonly used is called a Request for Admission. Under the Florida Rules of Civil Procedure 1.370, ...
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Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do, But it is also a Powerful Tool.

In the very least, it is well established that “a basic element of procedural due process is notice and an opportunity to be heard. Jade Winds Ass'n, Inc. v. Citibank, N.A. , 63 So. 3d 819, ...
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Is a Bond Required? That Is The Question

In civil law matters the purpose of a bond is to secure the prevailing party against the risk that the judgment debtor will be unable to meet the obligations pending appeal and to protect the ...
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Court Finds RFI Response Insufficient

On October 14, 2015, in Saint-Fleur v. JP Morgan Chase Bank, N.A. , Southern District of Florida Judge William P. Dimitrouleas issued an order denying the defendant’s Motion to Dismiss in part ...
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Like a Video Game...the FDCPA Has An Expansion Pack

A few weeks ago, the Sixth Circuit Court of Appeals in Anarion Investments, LLC v. Carrington Mortg. Servs., LLC, Nos. 14-5781/5993 (6th Cir. 2015) brought to life a whole new meaning to the term ...
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Small Details Winning the Big Picture

I am always happy when I can say that we won another case. Many of our clients are being pursued by debt buyers, companies that buy old debts and then try to sue to collect them. Most of the debts are ...
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Pattern or Practice of Noncompliance

Pursuant to Section 2605(f) of the Real Estate Settlement Procedures Act, individuals have a private right of action against loan servicers for violations of Section 2605. A loan servicer that is in ...
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The TCPA

As the U.S. continues to lick its economic wounds from the recession’s aftermath, millions of consumers are still faced with that ugly 4 letter word nobody wishes to associate themselves ...
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Property Address

Most mortgages in Florida require that the Bank provide the borrower with a very specific type of notice prior to filing a foreclosure action. Depending on the type of mortgage a borrower has, this ...
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Out With The Old - In With The New

As technology advances each year, so do the tactics of telemarketers in their effort to solicit new services and products. Very recently, a movement started whereby companies began advertising through ...
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Sale Date Scramble

One of the most dreadful parts of the foreclosure process is when a homeowner gets a sale date placed on their property. Often times people are served with foreclosure lawsuits in South Florida and ...
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Debt Collectors Not Necessarily Debt Collectors

The Eleventh Circuit recently weighed in on an important debate regarding the definition of a “debt collector” under the Fair Debt Collection Practices Act (FDCPA), 15 U.SC. 1692, et seq. ...
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Using Usury to Usurp Debt Collectors

A great ruling came down from the northeast recently, directly effecting New York, Connecticut and Vermont, a decision which we hope will make its way down to Florida eventually. The decision will ...
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Verification

The Florida courts had previously enacted legislation and changed the very rules of Florida Civil Procedure to mandate an additional requirement prior to a bank filing a foreclosure action. Florida ...
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Budget Chops in Foreclosure

As the summer comes to an end, I sit back and reflect on the most chaotic and challenging summers I have experienced as an Attorney in the Foreclosure World. As of June 2015, the funding for the ...
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Debt Collector Deception and Fake Flowers

I have seen credit card companies and debt-buyers use some pretty unusual tactics before but I just heard about a rather inventive if totally unethical tactic which was being used by a company called ...
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Watch Out : The Dangers of Debt Negotiators

My job is to fight banks, mortgage companies, credit card companies and debt buyers. While we usually get good results for our clients, every person I meet comes to our office because they have some ...
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CFPB Takes an Axe to Green Tree

Last month, the Consumer Financial Protection Bureau (“CFPB”) came down hard on Green Tree Servicing, LLC, for its unfair mortgage servicing practices. Green Tree was alleged to have ...
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CFPB 2015 Summer Highlights

This month, the Consumer Financial Protection Bureau (“CFBP”) issued its periodic Supervisory Highlights, which provides an overview of the CFPB’s recent observations in the consumer ...
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