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Blog Posts in 2017

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Supreme Court Paves Way for False Claims in Bankruptcy Courts

Most years no FDCPA cases reach the Supreme Court. This year several have and not all of them are good ones. In a 5-3 decision the Supreme Court recently ruled upon the case of Johnson v. Midland ...
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District Court Reduces Award of Statutory Damages

The United States District Court for the Eastern District of Missouri reduced an award given by a jury because the statutory damages of $500 per call would have been “obviously unreasonable and ...
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No Demand for Payment Required Under FDCPA

For many years our office has been fighting debt collectors and protecting members of the public by using the Fair Debt Collection Practices Act (“FDCPA”). Debt collector’s ...
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Avoidance of Judgment Liens in Bankruptcy

Are you trying to sell or refinance your home and are encountering title issues due to a judicial lien? This is not uncommon, unfortunately. Approximately 800,000 people filed for bankruptcy relief in ...
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Mortgage Foreclosures and Mortgage Cram-Downs in Bankruptcy

Loan Lawyers, LLC has saved over 1,000 homes in South Florida from foreclosure, eliminated over $80 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf ...
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Modification During An Appeal

Our client, T. E. took out a note and mortgage with World Savings Bank, FSB on January 30, 2007. The note had a 7.0% adjustable interest rate, which would adjust every 2 weeks, based upon the ...
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A Long-Term Reinstatement Repayment Plan

In March of 2004, our client, L.G., along with his then wife, took out a Note and Mortgage with Chase Manhattan Mortgage Corporation. Over time, the Note and Mortgage were sold and transferred to U.S. ...
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Mailing Notices

Mailing notices to the defendant. I’ve spoken about this issue in the past, but I feel compelled to discuss it again because of how critical it is for homeowners. Many standard mortgages contain ...
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11th Circuit Holds Plaintiff Can Partially Revoke Consent under TCPA

The United States Court of Appeals for the Eleventh Circuit held that a consumer can partially revoke consent under the TCPA. In Schweitzer v. Comenity Bank, No. 16-10498 (11th Cir. 2017), the ...
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Assignment of Rents

Many mortgage loan borrowers may not realize that their Mortgage contract contains an assignment of rents clause, particularly if the Mortgage is for a secondary property that is not the ...
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Reinstatement Repayment Plans

Everyone knows that part of life involves paying bills. If you are a homeowner, you likely have plenty of other bills aside from the bill for your monthly mortgage payment. Sometimes, other bills ...
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Calls From Company Regarding Disputed Debt

Henry came to Loan Lawyers because he was receiving numerous auto-dialed and/or pre-recorded message phone calls on his cell phone from a debt collector trying to collect a debt that Henry disputed he ...
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Dude, Who Took My Car?

With over $1 trillion dollars of outstanding debt for car loans in the United States everyone is talking about the next big bubble, and no doubt it’s connected to subprime automobile loans. ...
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Debt Collector Definition Change

An interesting bill was recently proposed by representative Mia Love from Utah amending the Fair Debt Collection Practices Act (“FDCPA”) and making several pro-consumer changes. The bill ...
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Standing at Inception

I recently had the pleasure of defending one of our clients in a foreclosure action up in Palm Beach. Thankfully, we were able to have the case dismissed due to the Bank’s failure to prove that ...
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2nd Circuit Holds Contract Law Precludes Consumer from Revoking Consent under TCPA

The United States Court of Appeals for the Second Circuit determined that black letter contract law does not allow a party to revoke consent under the TCPA without the consent of the counterpart to ...
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Supreme Court Rules on Definition of Debt Collector

The Supreme Court recently handed down an important decision in the case of Henson v. Santander Consumer USA. The decision ultimately is not very consumer friendly but the ruling was not unexpected ...
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When to Seek Help From a Debt Defense Attorney

The vast majority of Americans are in debt. Some of these individuals will never seek any kind of legal assistance regarding their debt issues, however. They have a misconception that unless they are ...
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HAVE AN ISSUE WITH YOUR SERVICER? WE MAY BE ABLE TO HELP!

It is well established that consumer protection statutes are to be “construed liberally in order to best serve Congress’ intent” in affording consumers the maximum level of ...
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Debt Collectors and Telemarketers are Getting More Aggressive in Their Calling Techniques

We see situations where they will use an auto dialer but choose a local area code to trick someone into thinking it’s a local call and they are more likely to answer it. If you have any debt ...
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Speak Up: You Could be Stopping a Grave Injustice.

The False Claims Act, which is also commonly referred to as Qui Tam or the Lincoln Law is one of the oldest laws in the United States. The first whistleblower law was enacted into legislation in 1778, ...
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GOING ON THE OFFENSIVE IN A FORECLOSURE CASE

Facing a foreclosure in Florida can be very difficult challenge to someone that does not know the process and the law. The Bank will have to serve you a copy of the Complaint and Summons. Once served, ...
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Proof of Demand Letter

I’ve noticed a trend among people I speak with regarding foreclosure cases. They often ask how it’s possible to defend or win when the bank is foreclosing. The typical rational I hear is ...
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Who Is NOT A Debt Collector Under Florida Law

Fla. Stat. § 559.55, more commonly known as the Florida Consumer Collection Practices Act, defines a debt collector in Florida as any person who uses any instrumentality of commerce within the ...
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About Bankruptcy's Credit Counseling Post-Filing Requirements

Don’t let the stigma of bankruptcy keep you from solving your financial problems! The experienced South Florida defense attorneys at Loan Lawyers are here to help you if your financial position ...
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196 results found. Viewing page 1 of 8. Go to page 1 2 3 4 5 6 7 8   Next
  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
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