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National Guard and Reservist Debt Relief Extension Act of 2015
Posted on Feb 12, 2016
On Wednesday, December 16, 2015, the U.S. House voted 419-1 to approve a bill that would extend a bankruptcy provision that exempts National Guard members and Reservists filing bankruptcy from having ...
Continue reading "National Guard and Reservist Debt Relief Extension Act of 2015" »
Last Minute Last Chance
Posted on Feb 9, 2016
As a new year quickly creeps up on us and the holidays are afoot, people will begin to start putting off important matters while getting hypnotized by the chaotic holiday Craze which rushes in and out ...
Continue reading "Last Minute Last Chance" »
Posted on Feb 7, 2016
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 ...
Continue reading "Stop Calling!" »
A Scam to Watch Out For
Posted on Feb 5, 2016
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 ...
Continue reading "A Scam to Watch Out For" »
Process Server Mistakes
Posted on Feb 1, 2016
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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Posted on Jan 29, 2016
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 ...
Continue reading "Competing Liens" »
Who Can Foreclose?
Posted on Jan 27, 2016
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
Posted on Jan 26, 2016
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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Posted on Jan 22, 2016
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, ...
Continue reading "Judicial Admissions" »
Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do, But it is also a Powerful Tool.
Posted on Jan 20, 2016
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, ...
Continue reading "Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do, But it is also a Powerful Tool." »
Is a Bond Required? That Is The Question
Posted on Jan 19, 2016
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 ...
Continue reading "Is a Bond Required? That Is The Question" »
Court Finds RFI Response Insufficient
Posted on Jan 15, 2016
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
Posted on Jan 12, 2016
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 ...
Continue reading "Like a Video Game...the FDCPA Has An Expansion Pack" »
Small Details Winning the Big Picture
Posted on Jan 5, 2016
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 ...
Continue reading "Small Details Winning the Big Picture" »
Pattern or Practice of Noncompliance
Posted on Jan 4, 2016
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 ...
Continue reading "Pattern or Practice of Noncompliance" »
Posted on Dec 30, 2015
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 ...
Continue reading "The TCPA" »
Posted on Dec 29, 2015
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 ...
Continue reading "Property Address" »
Out With The Old - In With The New
Posted on Dec 28, 2015
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 ...
Continue reading "Out With The Old - In With The New" »
Sale Date Scramble
Posted on Dec 22, 2015
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 ...
Continue reading "Sale Date Scramble" »
Debt Collectors Not Necessarily Debt Collectors
Posted on Dec 15, 2015
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. ...
Continue reading "Debt Collectors Not Necessarily Debt Collectors" »
Using Usury to Usurp Debt Collectors
Posted on Dec 8, 2015
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 ...
Continue reading "Using Usury to Usurp Debt Collectors" »
Posted on Dec 1, 2015
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 ...
Continue reading "Verification" »
Budget Chops in Foreclosure
Posted on Nov 24, 2015
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 ...
Continue reading "Budget Chops in Foreclosure" »
Debt Collector Deception and Fake Flowers
Posted on Nov 17, 2015
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 ...
Continue reading "Debt Collector Deception and Fake Flowers" »
Watch Out : The Dangers of Debt Negotiators
Posted on Nov 10, 2015
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 ...
Continue reading "Watch Out : The Dangers of Debt Negotiators" »
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