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Blog Posts in 2013

Foreclosure, it's a dirty world but someone's gotta defend it!

After going through the recovery process of the time consuming and painfully annoying knee surgery I had orchestrated on my wasted knee, I had a follow up appointment with my doctor. When discussing ...
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2013 Debt Collection Statistics

In 2013, 10,320 suits were filed under the FDCPA; 2,276 under the FCRA; and 1,862 under the TCPA. FDCPA litigation has decreased for the second year in a row, down 10% over 2012 (which itself was down ...
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For Closure Not Just a Play On Words

A winning case is not always a win anymore. Unfortunately, with the ever changing case law, and the certification of legal questions regarding a previously recognized statute of limitations of ...
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Florida 4th DCA in West Palm Beach reverses foreclosure case finding that the bank failed to prove standing

In a Florida foreclosure, the bank must prove standing to forelcoseIn another great opinion, Florida's Fourth District Court of Appeals has reversed another foreclosure finding that the bank ...
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Fireworks in Open Court Today

Many of you know that I was in trial this morning for a Miami-Dade County foreclosure client. The judge was the Honorable Alan Schwartz. It was quite the show that left jaws dropping in open court. ...
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Dockety Dock

Today, as I was speaking with a concerned family member of my client, I got the feeling that she did not believe the accuracy and truth of the information I was giving her. It was obvious that her ...
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Do I need to hire a lawyer for my foreclosure case in Florida?

You should definitely hire a foreclosure lawyer if you are behind on mortgage payments. There is a lot of confusion about whether a homeowner needs to hire a lawyer to fight their foreclosure in ...
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Devaluation and De-Escalation

To measure the impact of foreclosures on property values, a study out of Chicago used a database that combines data on 1997 and 1998 foreclosures with data on neighborhood characteristics and more ...
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A Wave of Deficiency Judgments

So the tide is coming in. Hundreds of South Florida residents are experiencing a wave of new foreclosure deficiency judgments as banks seek to collect on the unpaid mortgage debt from homes that were ...
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Headlines about large scale data breaches can be scary

Headlines about large scale data breaches can be scary, but don't panic. There are steps you can take to protect yourself. If your information was part of a breach, the most immediate risk is that ...
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FCRA Summary of Rights

What is the Fair Credit Reporting Act? The Fair Credit Reporting Act (FCRA) is a federal law that regulates how consumer reporting agencies use your information. Enacted in 1970 and substantially ...
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A Lead No One Wants to Follow

The associated press reported just on Monday that Florida leads nation in foreclosures thus far in 2014. "Florida led the nation in foreclosures during the first half of the year." ...
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Court finds that National Banking Act does not pre-empt state claims for debt collection violations

Our foreclosure lawyers sue banks for debt collection violations. We filed a lawsuit against Wells Fargo for attempting to collect the mortgage debt directly from our client by calling him after the ...
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Protecting Your Identity

It is of no surprise that as technology continues to advance, so does the ability for hackers to steal valuable consumer information. Florida lawmakers, recognizing this prevalent issue, passed the ...
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Ten do's and don'ts of Debt defense

My name is Seth Wieder, and I am a South Florida attorney who has dealt with hundreds of consumer debt cases. In this blog I will share my insights about what has worked for me when fighting credit ...
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Time-Barred Debts

In May 2014, two of the nation's largest debt purchasers agreed to drop lawsuits and drop collections for roughly $16 million in unpaid debts after reaching an agreement with New York authorities. ...
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Debt Collection and Identity Theft

In this digital age everyone is a target for identity theft. There are many debt collection companies out there who are trying to collect real debts. There are also a whole lot of identity thieves and ...
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