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Chapter 13 Debt Limitation

Chapter 13 bankruptcy has a monetary debt limit of $1,149,525 of secured debt and $383,175 of unsecured debt. These limits are set by the federal Bankruptcy Code and are adjusted every three years ...
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Florida Tops Nation For Completed Foreclosure Sales

According to the Orlando Business Journal, Florida leads the entire country in the number of completed foreclosure sales for the last 12 months ending in January. Florida completed over 74,000 ...
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How Long Does A Bankruptcy Affect Your Credit?

Bankruptcy allows thousands of individuals to get out from underneath crushing debt. While the bankruptcy process does allow consumers to get a fresh financial start, a bankruptcy can also affect your ...
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How To Clean Up Your Credit Report

Your credit score has a massive impact on your life. Everything from applying for a credit card, to buying a home, or even getting a rental car can depend on the state of your credit report. For that ...
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What To Do When The Bank Schedules A Sale Date For Your Home

It can be difficult to deal with foreclosure and the possible loss of your home. Many people are unable to face the seriousness of their situation and avoid dealing with the problem until it is almost ...
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Avoiding Auto Dealership Scam

I just met with another individual who appears to be the victim of a scam by a car dealership and this seems like as good a time as any to warn others about it. The consumer went to a car dealership ...
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2016 Challenge

I challenge you to accept my New Year Expense Cleanse Challenge. Evaluate all your expenses and try to find ways to decrease your expense amounts. For example, with your cable, if you find yourself ...
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Time Is On My Side

It was not but a few weeks ago that a circuit court in a certain county deferred on a well-founded motion to stay a case we filed because of a pending award of attorneys’ fees. The court was ...
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National Guard and Reservist Debt Relief Extension Act of 2015

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 ...
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Last Minute Last Chance

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 ...
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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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