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Blog Posts in February, 2017

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Getting to Know the Judge!

There’s an old adage in the law: “A good Lawyer knows the law; a Great Lawyer knows the Judge!” There is a lot of truth behind this statement. One would think subjectivity should not ...
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The Means Test Explained - Part 2: The Necessary Calculations

The means test may be worse than any test anyone has ever taken. Prospective bankruptcy filers must "take" the means test prior to filing a bankruptcy case to determine their eligibility for ...
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Residing out of Florida While Facing Foreclosure on Your Property in Florida

We have seen a few cases where our clients reside out of state or even out of the country and they have a property in Florida that is being foreclosed on by the bank. What we have unfortunately seen, ...
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The Means Test Explained - Part 1: An Introduction

With the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005, several significant changes were made to the process of consumers filing for bankruptcy protection. One ...
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The Eradication of Statute of Limitations in a Foreclosure Lawsuit

The Florida Supreme Court finally released its opinion in the long awaiting Bartram decision essentially eradicating the long-standing Statute of Limitations rule to foreclose on a mortgage. Pursuant ...
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An Introduction To The Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection, dissemination, and use of consumer information, including consumer credit information. The FCRA requires consumer ...
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Facing Foreclosure From Your HOA?

We continue to defend numerous clients facing HOA foreclosures. Many times, I often hear from our client’s statements such as “I didn’t know the HOA could foreclose…” or ...
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What Is A "Cram Down" In A Chapter 13 Bankruptcy Case?

Investors and consumers alike who are considering bankruptcy must familiarize themselves with the concept of a "cram down" under the Bankruptcy Code. § 1322(b)(1) of Title 11 states ...
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Bartram v. US Bank National Association

I want to take the time to talk about a case I successfully defended today. Like many of you, the borrowers have been through a foreclosure before and were able to keep their home. The bank however ...
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Mandatory Subpoena's

A subpoena is a powerful tool provided to attorneys. With it, you can force an individual to appear before you or the court, or to provide documents to further the discovery process. There is also an ...
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Who Is A Debt Collector Under Florida Law?

Pursuant to Fla. Stat. § 559.55, which as enacted comprises the Florida Consumer Collection Practices Act, a debt collector in Florida is defined as any person who uses any instrumentality of ...
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Proving the Elements of Your Case

When a bank files a foreclosure action, the burden is with them to prove they are entitled to foreclose. Occasionally, the banks records regarding a loan are lacking and they need to seek additional ...
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Acceleration Of Your Home Loan: What Does It Mean?

Prior to foreclosure, a homeowner (and borrower) may receive a Notice of Acceleration from a lender. It may be referred to as Notice of Default, Acceleration Notice, Notice of Default and ...
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Prioritizing Monetary Resources in a Financial Crisis: Should You Support Yourself or Your Adult Children First?

The last time that I flew, the airline flight attendant instructed all of the passengers aboard the plane on how to handle a mid-flight emergency. She explained that in the case of an air pressure ...
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What Is An Unsecured Priority Debt In A Bankruptcy Case?

When a debtor files a bankruptcy case, he or she must file schedules listing their debts. There are individual schedules for each of the three types of debts that a debtor may list. As many would ...
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Bartram v. U.S. Bank, N.A.

Due to the recent decision of the Supreme Court of Florida in Bartram v. U.S. Bank, N.A. , banks and other mortgage holders may be able to re-file residential mortgage foreclosure actions in the ...
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Florida Statutes Of Limitations On Debts

Most laypersons are familiar with the term "statute of limitations," as it is one of the most common legal terms. A statute of limitations is a statute prescribing a period of limitation for ...
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Some Things To Know About Student Loans: Forbearance Of Student Loans

Student loan debtors who don't qualify for a deferment may be able to obtain a forbearance from a student loan servicer. A forbearance allows a student loan debtor to make reduced or even no ...
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Real Estate Settlement Procedures Act (Regulation X), Loan Modifications and Foreclosure Sale Dates

There are many laws, at both the state and federal levels, that affect mortgage foreclosure proceedings and loan modifications. One of the many important federal laws to be aware of is commonly ...
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Some Things To Know About Student Loans: Deferment Of Student Loans

Loan Lawyers may provide assistance to student loan debtors who are experiencing difficulty repaying their student loan obligations. Some student loan debtors may obtain a deferment of their student ...
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Alternatives To A Modification Of Your Home Loan

When a homeowner decides that it is no longer feasible to modify a home loan and continue living in a particular home, foreclosure is not necessarily inevitable. Rather, it's simply time to ...
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What To Do If Your Loan Modification Is Denied

Once a loan modification has been denied, homeowners often face despair because of the belief that there is nothing more that can be done to save their home. After denial of a loan modification, the ...
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The Best Interest Of Creditors Test And Chapter 13 Cases

A frequently asked question is: What are some of the differences between Chapter 7 and Chapter 13 bankruptcy cases? The main difference is that a Chapter 13 case is a reorganization of debts and ...
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The Best Interest Of Creditors Test And Chapter 7 Cases

The best interest of creditors test is applied in a Chapter 13 bankruptcy case to determine the minimum amount a debtor must pay to nonpriority unsecured creditors in a Chapter 13 plan. This analysis ...
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Creditors' Scope Of Duty To investigate Under §1681s-2(b) Of The Fair Credit Reporting Act

Earlier in 2016, the Eleventh Circuit addressed an issue of first impression in Hinkle v. Midland Credit Management, Inc. , 2016 WL 3672112 (11th Cir. July 11, 2016). The case involved a consumer ...
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  • Florida Trend's - Florida Legal Elite 2014
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