Blogs

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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New Rules to Help Consumers

Some new and exciting rules to aid consumers were proposed by the Federal Communications Commissions this week. I have written about the CFPB, the Consumer Financial Protection Bureau a number of ...
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As Summer Begins

Litigation – (Procrastination + Strangulation) ÷ Mediation or Conciliation = Resolution. As summer begins in the rest of the nation Floridians struggle to maintain cool surroundings while ...
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Another Win for the Borrower

Here at Loan Lawyers, we take pride in pouring over every inch of our client’s cases, looking for the best strategy to fight against foreclosure. One of our cases recently went forward with a ...
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Foreclosure Downsize

There has been a significant decrease in foreclosure filings. This is a healthy sign that the economy is picking back up and the general public is in a much better financial situation in comparison to ...
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Turning The Cases Upon Their Head

Just about a month ago the Third District Court of Appeal came out with an opinion that stood for the premise that where a Bank failed to respond to Requests for Admission propounded by a Defendant, ...
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Loan Lawyers Wins Case Against JP Morgan Chase

Congratulations to Matthew Bavaro and Laura Hoy for winning a foreclosure appeal from the Fourth District Court of Appeals today. This was a foreclosure case filed by JP Morgan Chase Bank. The ...
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Attorney Matthew Bavaro Once Again Honored by Florida Trend's Legal Elite List

Loan Lawyers is very pleased to announce that founding attorney Matthew Bavaro has once again been selected for Florida Trend 's Legal Elite honor. The notice recognizes Florida attorneys who ...
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My Mother Passed Leaving Me a House in Arrears

Question: Michael, My mom signed the note and mortgage with ABC Bank, and then she passed away leaving me the house, with a mortgage in arrears. I recently was served on behalf of my mother at the ...
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When The Bank Loses Your Note

The Promissory Note is one of the most critical documents needed to effectuate a foreclosure action. If defines the terms of the agreement between you and the Bank, as well as outlining specific ...
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Verizon Could Use a Lifeline

May 13, 2015 Yesterday, the Consumer Financial Protection Bureau (“CFPB”) filed suit against Verizon Wireless in the Southern District of New Jersey, in line with a previous suit filed ...
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Why You Might Get Paid For Your Chapter 13 Bankruptcy

Nothing in this blog should be taken to suggest that you should file bankruptcy with the intention of getting paid. That would be silly and I want to be clear on that, do not file a bankruptcy with ...
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Garnishment Mistakes

I have written more than once about how vital it is that if a consumer is sued by a debt collector, they take certain actions immediately. The earlier a consumer fights back, the better the odds are ...
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Cool Heads Prevail

A client who recently discovered a 5 year old judgment against, followed by a loss of his investment property was grateful beyond words to see the Blessings of G-D, reveal themselves in a court room. ...
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Recovering Attorney's Fees

The thought of losing your home has to be one of the most stressful situations a person can find themselves in. Whether it’s the home you grew up in as a child, a home you bought for your ...
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FDCPA v. Attorneys

The Fair Debt Collection Practices Act (“FDCPA”) prevents debt collectors, inter alia, from engaging in abusive, deceptive, and unfair debt collection practices. The FDCPA has specific ...
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Debt Expiration Dates aka The Statute of Limitations

Most forms of consumer debt have an expiration date and once that debt passes it will be difficult or impossible for debt collectors to successfully sue a consumer, the legal term for that date is the ...
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Foreclosure Luck

Some say luck is when an opportunity comes around and you’ve been prepared for it. Luck is where opportunity meets preparation. But I often wonder how true this belief is when it comes to ...
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Settlement Offer May Violate FDCPA

Settlement offer on a time-barred debt due to statute of limitation – It survives a motion to dismiss according to the Sixth Circuit. In Buchanan v. Northland Group, Inc. , No. 13-2523 (6th Cir. ...
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What Is a Chapter 20 Bankruptcy?

Prior to the legislative changes to the bankruptcy code in 2005, commonly referred as “BAPCPA”, a debtor could file a chapter 7 bankruptcy in order to discharge their unsecured debt then ...
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Equitable Subrogation: Protecting Lien Position in a Foreclosure Action

I found this article following a conversation with some of my clients and felt it had to be posted. Many people misunderstand the concept of an equitably subrogated claim or motions for equitable ...
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Debt Collector Pays Up

Any day that a debt collector has to pay for it’s wrongdoing is a good day. Encore Capital Group was prosecuted in New York for violating consumer protection laws. The name Encore Capital Group ...
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Modification Program

In April 2013, the bankruptcy court for the Southern District of Florida initiated the Loss Mitigation Mediation Program - later renamed the Mortgage Modification Mediation Program. The Program is ...
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In love with Taxes

St. Valentine’s Day comes around once a year. It is a holiday that many feel carries a heavy burden of proving one’s love for others. It’s a holiday that is filled with romantic ...
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