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Blog Posts in 2016

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Should a Husband and Wife file Bankruptcy Jointly

Whether both spouses should file for bankruptcy or just one spouse is a nuanced decision that can have ramifications on whether the household debt is discharged. Often times, bankruptcy is a necessity ...
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How Does the Florida Fair Foreclosure Act Help Homeowners?

Florida was perhaps the state affected most by the national housing crisis, and the number of foreclosure cases crowding current Florida state court dockets is proof. The Florida Fair Foreclosure Act ...
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Florida Court Throws Out TCPA Case Due to The Type of Technology Used

Pursuant to the Telephone Consumer Protection Act (TCPA), telephone calls using an auto dialer or an Automatic Telephone Dialing System (ATDS) must stop at the request of the call's recipient. The ...
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Beware of Foreclosure Defense Fraud!

Even in the current foreclosure climate, years after the infamous bust of the housing market due to the subprime mortgage catastrophe, fraud still reels its ugly head. This time it’s not the ...
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Is That Phone Call Illegal? Find Out Who Is Exempt from The TCPA

With the Telephone Consumer Protection Act (TCPA) , the Federal Communications Commission (FCC) assists consumers stop unwanted telephone calls, text messages and even faxes. Robocalls are unsolicited ...
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Appellate Win for the Borrower

The idea of what all a bank needs to prove their case at trial has been discussed here before. What kind of relief the bank is seeking and the type or quality of documents available to them will often ...
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Do You Bank with A Credit Union? Your Rights Under The FDCPA May Be Affected

Since its enactment, the Fair Debt Collection Practices Act has generally not applied to credit unions. This is based primarily upon the notion that credit unions and for-profit debt collectors have ...
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11th Circuit Defines “Concrete Injury” For Consumers Filing FDCPA Claims Post-Spokeo

It is a basic element that a plaintiff must have constitutional "standing" to maintain a suit in federal court. The "case or controversy" clause of Article III of the Constitution ...
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Notice to the Borrower

This issue has been discussed before, but it bears repeating: mail from the bank must go to the proper address. If it does, it could be problematic for the Bank and grounds to have the entire case ...
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How Much Are Consumers Supposed to Know About Their Debts? Understanding The “Least Sophisticated Debtor” Standard

§ 1692e of the Fair Debt Collection Practices Act prohibits “false, deceptive, or misleading” behavior, including using “false representation or deceptive means to collect or ...
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Next of Kin: The Garn-St. Germain Act

Generally, unless you are a signing borrower on a defaulted mortgage note, you may only save your home from impending foreclosure by either paying off the mortgage loan or, at the least, reinstating ...
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What Is The Automatic Stay In Bankruptcy?

From the second the court clerk stamps your bankruptcy petition as “filed,” you are protected from debt collection efforts by the automatic stay. The automatic stay is a powerful weapon ...
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Florida Attorney General Files Lawsuit To Stop Foreclosure Defense Scam

Florida Attorney General Pam Bondi recently announced that her office would be taking on fake foreclosure defense and loan modification firms operating throughout the state. The Attorney General filed ...
Continue reading "Florida Attorney General Files Lawsuit To Stop Foreclosure Defense Scam " »

White House Issues New Report On Student Loan Debt

The White House Council of Economic Advisors recently released a new report on student loan debt and how it affects the American economy. Many people were disappointed by the report, which stated that ...
Continue reading "White House Issues New Report On Student Loan Debt " »

Do You Need an Attorney for A Case in Small Claims Court?

Many people have had the frustrating experience of losing money on a product that doesn’t work, a repair that didn’t fix the problem, or on services that were never performed. Most of the ...
Continue reading "Do You Need an Attorney for A Case in Small Claims Court?" »

Can A Bankruptcy Case Eliminate a Tax Debt?

A bankruptcy case will discharge most—but not all—of a person’s debts. There are some debts, known as non-dischargeable debts, which a person will still owe even after the bankruptcy ...
Continue reading "Can A Bankruptcy Case Eliminate a Tax Debt?" »

Foreclosures Fall, But Florida Still Has Highest Foreclosure Rate in The Country

According to a new report in the Sun Sentinel, mortgage foreclosures in Florida continue to fall and remain well below pre-recession levels. In July, Palm Beach, Broward, and Miami-Dade counties ...
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11th Circuit Requires Debt Collectors To Make A “Reasonable Investigation” Into Account Documents

How far does a debt collector have to go to verify that an account belongs to the correct person? According to the U.S. Court of Appeals for the 11 th Circuit, a debt buyer or debt collector may need ...
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What To Do If You Think You Are The Victim Of Identity Theft

Discovering that you are the victim of identity theft can be an overwhelming experience. Victims may have incurred thousands of dollars in purchases that they did not make, may have had accounts ...
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Wells Fargo Settles Claims After Calling Mortgage Borrowers Without Consent

Wells Fargo has agreed to settle a class action lawsuit alleging that the mortgage lenders contacted borrowers without authorization in violation of the Telephone Consumer Protection Act (TCPA). A ...
Continue reading "Wells Fargo Settles Claims After Calling Mortgage Borrowers Without Consent" »

What Is The Automatic Stay In Bankruptcy?

From the second the court clerk stamps your bankruptcy petition as “filed,” you are protected from debt collection efforts by the automatic stay. The automatic stay is a powerful weapon ...
Continue reading "What Is The Automatic Stay In Bankruptcy?" »

Florida Attorney General Files Lawsuit To Stop Foreclosure Defense Scam

Florida Attorney General Pam Bondi recently announced that her office would be taking on fake foreclosure defense and loan modification firms operating throughout the state. The Attorney General filed ...
Continue reading "Florida Attorney General Files Lawsuit To Stop Foreclosure Defense Scam" »

White House Issues New Report On Student Loan Debt

The White House Council of Economic Advisors recently released a new report on student loan debt and how it affects the American economy. Many people were disappointed by the report, which stated that ...
Continue reading "White House Issues New Report On Student Loan Debt " »

Do You Need an Attorney for A Case in Small Claims Court?

Many people have had the frustrating experience of losing money on a product that doesn’t work, a repair that didn’t fix the problem, or on services that were never performed. Most of the ...
Continue reading "Do You Need an Attorney for A Case in Small Claims Court?" »

Can A Bankruptcy Case Eliminate a Tax Debt?

A bankruptcy case will discharge most—but not all—of a person’s debts. There are some debts, known as non-dischargeable debts, which a person will still owe even after the bankruptcy ...
Continue reading "Can A Bankruptcy Case Eliminate a Tax Debt?" »
167 results found. Viewing page 1 of 7. Go to page 1 2 3 4 5 6 7   Next
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  • Florida Trend's - Florida Legal Elite 2014
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