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Blog Posts in January, 2017

Beware Of Debt Collection Scams

Debt collection scams are on the rise. It's bad enough that consumers often have to sustain the unethical and unscrupulous practices of a debt collector trying to collect a legitimate debt, but ...
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In-House Vs. HAMP Loan Modifications: Which Is Better?

So what do you do if you need a loan modification? Is it better to pursue an in-house traditional loan modification or one offered under the Home Affordable Modification Program (HAMP)? Since lenders ...
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In-House Vs. HAMP Loan Modifications: Some Basic Information

Florida homeowners have been inundated with the words "loan modification" for the last ten years. Some lenders often in-house loan modifications and, as a response to the mortgage crisis at ...
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Florida Supreme Court Says The Statute Of Limitations Doesn't Apply To Foreclosures

A statute of limitations is a statute prescribing a period of limitation for the initiation of filing of certain kinds of legal actions. Florida has a five year statute of limitations regarding ...
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Supreme Court Holds Misrepresentation Not Required For Actual Fraud Under The Bankruptcy Code

In a 2016 case, the U.S. Supreme Court held that a debtor who transferred assets between business related entities to shield these assets from creditors could not discharge the underlying debt in his ...
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Florida Bankruptcy Court Allows Debtor To Add Homestead Exemption After Bankruptcy Filing

Florida's homestead exemption law is one of the most generous in the country as it allows homeowners to claim an unlimited amount once the exemption applies. Perhaps not surprisingly, this law has ...
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How Does The FDCPA Protect Me From Creditors' Phone Calls?

It is not an uncommon practice for debt collectors to harass people with regular phone calls and threatening messages. The most typical wish of consumers is that debt collectors refrain from calling ...
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Why Are Loan Servicers So Incompetent?

Loan servicing involves the daily management of loan repayment related to a home loan or student loan by a third party. In theory, this third party manages the loans on behalf of the loan's owner, ...
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The Department Of Education Is Forgiving Some Student Loans

As many individuals have student loans in the tens of thousands, the trillions of dollars in total U.S. student loan debt is an ever growing national crisis. Interest on a student loan accrues daily ...
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Contesting A Judgment: Part 2 Your Limited Options

The first part of this article addressed some background information regarding judgments. A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or ...
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Contesting A Judgment: Part 1 Some Information About Judgments

The U.S. Constitution guarantees that a citizen will receive due process under the law, which means that every person has their day in court, i.e., an opportunity to be heard. However, for the most ...
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Creditors For Domestic Support Obligations May Not Violate The Terms Of A Confirmed Bankruptcy Plan

A Chapter 13 plan which repays creditors must be finalized or confirmed by the bankruptcy court. Until a Chapter 13 plan is confirmed, all interested parties may object to its terms. Once the period ...
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What Are Exemptions In A Bankruptcy Case?

It's not difficult to believe that just about every potential bankruptcy debtor wants to know what property he or she can keep when filing a bankruptcy case. Exemptions are important in both ...
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Surrendering Collateral In A Chapter 7 Case Forfeits The Right To Oppose Foreclosure

Recently, the Eleventh Circuit held against Chapter 7 Debtors who attempted to renege on their stated intention to surrender their residence in their Chapter 7 bankruptcy case. Individuals who file ...
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Supreme Court To Review 11th Circuit Case Holding That POC Filing Violates The FDCPA

In late spring of 2016, the Eleventh Circuit Court of Appeals held that creditors could be liable under the FDCPA despite following prescribed bankruptcy rules of procedure. The decision of the ...
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Can A Debt Collector Continue Pursuing You If Your Wages Are Already Garnished?

In Florida, once a money judgment is entered on behalf of a party, any wages of the judgment debtor may be garnished as long as necessary to satisfy the judgment. A money judgment is a court order ...
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IRS Hiring Private Debt Collectors

No one likes paying taxes and it might be counter-intuitive but the IRS actually has a pretty good reputation among consumer protection attorneys and members of the public who have to deal with them. ...
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Can You Opt-Out Of “Pre-Approved” Credit Offers?

Consumers are constantly inundated with pre-approved credit offers from phone calls, text messages, and emails. Many clients ask if they can limit or eliminate these offers. To stop receiving ...
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Common Mistakes That Can Cost You When Dealing with Student Loans

Over the course of paying of their student loans, many student loan debtors make mistakes. Whether it's because they are uninformed and fail to take advantage of certain beneficial options or ...
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Illegal Collection Charges?

While a debt collector may be able to ask you to pay money that is owed to their clients, members of the public should be cautious and careful to determine if they are being charged more than they ...
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CFPB Releases Proposal to Revamp Consumer Debt Collection Practices

Recently, the Consumer Financial Protection Bureau (CFPB) outlined several sweeping proposals to revamp the debt collection industry. Under these proposals, debt collectors would be required to have ...
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