Blogs

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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Reversing a Judgment After Nine Years... Round 2!

You may recall reading one of my recent blog posts where we successfully overturned a nine year old judgment because process was never correctly served on our client. Court papers were never handed to ...
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Student Loan Resolutions

With the pending time left clicking for the New Year to arrive, people are often left thinking about what their New Year resolutions will be. The more popular ones deal with weight loss and attitude ...
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Reversing a Judgment After Nine Years

Sometimes consumers are sued by the big credit card companies, such as Visa or MasterCard or American Express. Sometimes the credit card companies decide to sell the debt and write it off as a loss on ...
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1 in 3 Americans Have Debt

Roughly one in three adult Americans have a past-due debt that's been turned over to a collection agency, according to a novel new study. The following is based on records shared with researchers ...
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A Victory over Purchase Debt

People are often sued by credit card companies or banks but frequently, especially if the debt is old enough, debts might get sold off to another company. These companies are commonly called ...
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Inherited IRA

In a decision bound to have far reaching implications, the Supreme Court of the United States resolved a near decade-long split amongst circuit courts: Are inherited IRA funds protected in bankruptcy? ...
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Record Breaking TCPA Class Action

Often banks and debt collectors break the law on a regular basis, but its nice to see when justice is served when they get caught. In what may be the largest payment to settle an action brought ...
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How Countrywide Created 3.5 Million Fraudulent Loans

At Loan Lawyers, LLC we consistently do research. Over this past holiday weekend I encountered this wonderful article from Bob Massey. I was very impressed. Here is the substance of it: on "OCT ...
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Did your lender send you a defective Notice of Acceleration or Notice of Default pursuant to paragraph 22 of your mortgage

Invalid notice of acceleration or notice of default In most mortgages, paragraph 22 requires the bank to send you a notice of acceleration or notice of default prior to filing a foreclosure action ...
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The US government sues Wells Fargo for reckless lending practices

US sues Wells FargoThe US government has sued Wells Fargo for causing the taxpayers of this great country millions of dollars because of Wells Fargo's reckless lending practices. Under the FHA ...
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Ask and You Shall Receive

On January 10, 2014, new mortgage servicing rules went into effect under Regulation X and Regulation Z, the implementing regulations of the Real Estate Settlement Procedures Act ("RESPA") ...
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JPMorgan whistleblower gets $63.9 million in mortgage fraud deal

A whistleblower will be paid $63.9 million for providing tips that led to JPMorgan Chase & Co's agreement to pay $614 million and tighten oversight to resolve charges that it defrauded the ...
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Sorry, Wrong Number...

Recently, the United States Court of Appeals for the Eleventh Circuit made a significant ruling regarding the Telephone Consumer Practices Act ("TCPA"), which prohibits the use of automatic ...
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One of the most common issues I see clients about is their student loans

One of the most common issues I see clients about here at Loan Lawyers is their student loans. Having had to borrow money to go through law school myself—I understand the weight such a large ...
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Short sales overtake foreclosure sales nationwide

A short sale in Broward, Miami-Dade, or Palm Beach may be the way to go. Short sales are catching on and for the first time there are more short sales than foreclosure sales as reported by ...
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