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Blog Posts in June, 2017

District Court Extends Statute of Limitations for FDCPA

The statute of limitations can be considered an expiration date of sorts in regards to a legal claim. Under the Fair Debt Collection Practices Act(“FDCPA”) a consumer has up to a year to ...
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Solving Student Loan Problems

Student loan debtors do have options in solving any problems with repaying student loans. If such debtors are overwhelmed or unable to afford a monthly payment, they should immediately contact the ...
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Avoiding Student Loan Problems

Student loan debtors do have options in solving any problems with repaying student loans. If such debtors are overwhelmed or unable to afford a monthly payment, they should immediately contact the ...
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The Pinnacle Of A Chapter 11 Bankruptcy Is The Confirmation Of A Plan Of Reorganization

The pinnacle of a chapter 11 bankruptcy is the confirmation of a plan of reorganization proposed and executed by the debtor. This requires that the debtor file a plan which is accepted by the required ...
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The Automatic Stay & Car Repossession AFTER A Bankruptcy Case Is Filed

Once a bankruptcy case is filed, most creditors are instantly prohibited from continuing collection efforts against a bankruptcy debtor by the "automatic stay." Car lenders are included in ...
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The Automatic Stay & Car Repossession BEFORE A Bankruptcy Case Is Filed

Once a bankruptcy case is filed, most creditors are instantly prohibited from continuing collection efforts against a bankruptcy debtor by the "automatic stay." Car lenders are included in ...
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Power of Attorney

You’ve probably heard the phrase “power of attorney” before. Some of you may even have a power of attorney, to help take care of a friend or loved one. A power of attorney can do ...
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Challenging a Mortgage Foreclosure Judgment

In Florida, the final judgment in a foreclosure case is the written determination by the presiding judge of whether the plaintiff will be able to sell the house at foreclosure auction, amongst other ...
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ATTENTION: PUBLIC SERVICE ANNOUNCEMENT (PSA)

Recently, I have been reading a number of opinions throughout the 11 th Circuit, and Southern District of Florida, which bear the names of uniquely Haitian families. In each of the cases the borrower ...
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Avoiding Liens In Chapter 13 Cases

Florida is still one of the leading states for foreclosed properties. To deal with foreclosure, many bankruptcy debtors utilize “lien stripping” to avoid second mortgages, secured lines of ...
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Can I Keep My Car In a Chapter 13 Bankruptcy Case?

Chapter 13 debtors may keep motor vehicles that are the collateral for a loan in a Chapter 13 bankruptcy case. Debtors that are current may continue to make monthly payments on the loan inside or ...
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Don't Let The Stigma Of Bankruptcy Stop You From Using It To Your Advantage!

The stigma of bankruptcy is overwhelming for some people. It is an enduring consequence of bankruptcy for debtors who experience a negative societal perception of bankruptcy filings. The stigma was ...
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A Debt Collection Defense Attorney Can Help!

Consumers are not without allies in their fight against unscrupulous debt collectors. A qualified and experienced debt collection defense attorney may assist any consumer fight unscrupulous lenders ...
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MISAPPLICATION OF FEES

“A qualified written request asserts an error relating to the servicing of a mortgage loan and is a notice of error for purposes of this section, and a servicer must comply with all requirements ...
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Representing Third-Party Purchasers in a Foreclosure Case

Often times, third-party purchasers seek representation in a foreclosure case. This normally occurs when a homeowner’s association foreclosed on a subordinate lien, the property goes to auction, ...
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What To Expect In A Lawsuit For An Unpaid Debt At Trial And After

Once a case for an unpaid debt goes to trial, unless the creditor has insufficient evidence in the form of payment records or the alleged obligor has presented evidence of payment, the expiration of ...
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Avoiding Foreclosure of Reverse Mortgages

Unlike a standard mortgage where the borrowing homeowner must repay the mortgage loan by making monthly mortgage payments to the lender, the lender of a reverse mortgage actually pays the borrowing ...
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What To Expect In A Lawsuit For An Unpaid Debt AFTER You File An Answer

Credit card companies generally don't forget about the unpaid obligations of their cardholders. Eventually, they will file a civil lawsuit to obtain a judgment for an unpaid debt or obligation. Once a ...
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What To Expect In A Lawsuit For An Unpaid Debt BEFORE You File An Answer

Anyone with credit card debt should never ignore a creditor's attempts to collect an unpaid debt. The likely result is that in the near future, the creditor will attempt to collect the debt by filing ...
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Lenders May Refile Foreclosure Cases Against Owners Still In Default

Based on a simple reading of Fla. Stat. § 95.11, one might think that a foreclosure action must be brought within five years of default. However, after the holding of the Supreme Court of Florida ...
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Settlement Possibilities For Federal Tax Liens

Taxpayers have options if they need to remove a federal tax lien. When in the best interest of both the government and the taxpayer, there are alternatives for addressing a federal tax lien. The ...
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The Effects Of A Federal Tax Lien

When the IRS files a federal tax lien, it is asserting a legal claim against a taxpayer’s assets to collect an unpaid tax debt. The IRS sends Letter 3172, Notice of Federal Tax Lien and Right to ...
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2016 Foreclosure Report: Despite Decrease Nationally, Foreclosures Still Numerous In Florida

ATTOM Data Solutions manages one of the largest property databases in the country. In January of 2017, it released its Year-End 2016 U.S. Foreclosure Market Report indicating the number of foreclosure ...
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2016 Foreclosure Report: Foreclosure Activity In U.S. Drops to 10-Year Low

In January of 2017, ATTOM Data Solutions, which manages one of the largest property databases in the country, released its Year-End 2016 U.S. Foreclosure Market Report tracking the number of ...
Continue reading "2016 Foreclosure Report: Foreclosure Activity In U.S. Drops to 10-Year Low " »
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