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Blog Posts in July, 2017

Preventing Identity Theft, Part 1

According to FBI data, identity theft is the fastest growing crime in the country. The harm caused by identity theft may endure for years. The attorneys at Loan Lawyers can help anyone damaged by ...
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Serving Defendants

I often meet with individuals who are shocked because they recently found out that a lawsuit had been filed against them months or even years earlier. They came to find out about the action after the ...
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Consumer Rights Under the Fair Credit Reporting Act, Part 2

The Fair Credit Reporting Act (FCRA) provides individuals with many rights related to the collection and dissemination of their credit history. Here is the second part of a summary of their major ...
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How Do my Credit Cards and Other Unsecured Creditors Get Paid in a Chapter 13 Bankruptcy?

One of the many differences between a chapter 7 and 13 bankruptcy is that; the filing of a chapter 13 bankruptcy allows the debtor to retain its unexempt assets while making payments towards its ...
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Consumer Rights Under the Fair Credit Reporting Act, Part 1

The Fair Credit Reporting Act (FCRA) protects consumers by providing them with rights related to the collection and dissemination of their credit history. States may enforce the FCRA, and many states ...
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FCRA Requires Concrete Injury For Statutory Damages

A 2016, U.S. Supreme Court case, Spokeo v. Robins, in a 6-2 vote, ruled that individuals suing under the Fair Credit Reporting Act must demonstrate "concrete" harm rather than merely allege ...
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Student Loan Debt Collection

The United States Middle District of Florida recently denied Navient Solutions, LLC motion for partial summary judgment based on the argument that student loan servicers servicing government student ...
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Default Letter in the Context of a HOA Foreclosure

Many people, including Lawyers and Judges, discuss “paragraph 22” as a defense. This is a condition precedent to foreclose in the State of Florida, where the Bank is required to send the ...
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Remedies For Violations Of The Fair Credit Reporting Act

A federal law, the Fair Credit Reporting Act (FCRA), protects consumers by providing them with many rights related to the collection and dissemination of their credit history. If a credit reporting ...
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What Is The Lookback Period For The Means Test?

All consumers filing a bankruptcy case must complete Form 22A-1 (Chapter 7 cases) or Form 22C-1 (Chapter 13 cases), more commonly known as the "means test," and submit it with their ...
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April 2017 U.S. Foreclosures Lowest Since 2005

A recent U.S. Foreclosure Market Data report published and released by ATTOM Data Solutions indicates that foreclosure activity in the United States for April 2017 was the lowest in the country since ...
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Judge Stops Debt Collection Scam

Cecilia Altonaga, a Federal Judge located in Miami-Dade County recently entered an injunction ceasing the operations of eleven different companies who were preying on members of the public in Florida. ...
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Out of the Box

On April 20, 2017, the CFPB sued one of the country’s largest non bank mortgage loan servicers, Ocwen Financial Corporation (simply referred to as “Ocwen”) [1] , and its subsidiaries ...
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Confessions of Error

Recently, I had the pleasure of assisting one of our clients by overturning a final judgment entered against her. Unfortunately, we had to take her case to the Appellate Court, but thankfully, the ...
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Third-Party Purchasers at HOA Foreclosure Auctions Beware

In certain instances, however rare, a surplus may exist after a property has been sold at a foreclosure auction. A surplus means that the winning bidder at the foreclosure auction purchased the ...
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Did you Receive the Bank's Acceleration Letter Prior to Foreclosure?

Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (“demand letter”) to the ...
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What Is The Fair Credit Reporting Act?

Credit reporting agencies (CRA) collect, process, and archive credit information for 200 million people in the United States. Equifax, Experian, and Transunion, the three primary consumer credit ...
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The Importance of the Legal Description

If someone asked you where you live, I bet your typical response would be the name of the city or state where your home is located. If you had to be more specific, you might even give them your street ...
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Post-Judgment Modifications

Many homeowners who are facing a foreclosure ultimately want to do whatever is necessary to retain their home. Their home is more than just a place to sleep – it’s where their kids grew ...
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Mortgage Escrow Payments

With the majority of standard mortgages, the total monthly mortgage payment typically includes payment for what is generally referred to in the mortgage industry as “PITI,” or principal, ...
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Debt Collection and the Statute of Limitations

The statute of limitations functions as an expiration date upon debts, once a debt has passed a certain point is no longer possible for a creditor upon that debt to file a lawsuit to collect upon it. ...
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