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Multiple Loan Modifications

Contrary to popular belief, the banks are not always the ones dragging their feet; sometimes the borrower is the party responsible for being untimely. A middle-aged client initially retained Loan Lawyers, LLC in January of 2014 with the goal of modifying her mortgage loan to more affordable terms. Of important note is the fact that the client originally mortgaged her home in late 2008, and she had already modified her mortgage loan twice (once in 2010 and again in 2013) before retaining Loan Lawyers, LLC to attempt to modify her mortgage loan yet again.

While the loan modification process differs, often substantially, depending on the particular lender, even the most cooperative of lenders typically will not agree to modify a mortgage loan more than once within a year’s timeframe and any more than twice throughout the life of the loan. Consequently, the moment our client retained us to attempt yet a third modification of her mortgage loan within roughly a five-year period, the odds were already stacked greatly against her.

Our client’s original mortgage loan consisted of monthly principal and interest payments in the amount of $832.86, at an annual interest rate of 6.5%. Our client allegedly defaulted on her second loan modification in April of 2013, and the bank subsequently filed for foreclosure against her home. After retaining Loan Lawyers, LLC, unfortunately our client proved extremely difficult to contact, was consistently late in responding to us, and often failed to provide us all of the necessary information and documentation required to efficiently process her third loan modification application. Nevertheless, we did not give up in our efforts to maintain communication with our client; we aggressively fought the bank in Court and were able to successfully cancel the foreclosure auction of our client’s home four times; and we finally achieved a third loan modification for our client that resulted in a $10,000.00 principal reduction, a significantly reduced interest rate of 3.75%, and monthly principal and interest payments of $796.44.

Due to our persistence with both the bank and our own client, Loan Lawyers, LLC was ultimately able to obtain a competitive loan modification on behalf of our client, despite her needing a substantial amount of extra care and attention from our office during the long journey to attaining her goal. If you are looking to modify the terms of your existing mortgage loan, please do not hesitate to contact us to discuss your options. 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 of our clients due to bank, loan servicer and debt collector violations. Please do not hesitate to contact Loan Lawyers, LLC to find out how we may be able to help you.

Results may not be typical. You may not have as beneficial a result.

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Confession of Error

In 2007, our client, M.M. took out a loan with her lender. The underlying Mortgage included an acceleration clause at paragraph 22, requiring notice to her upon default and prior to the bank filing a foreclosure action. In mid-August of 2015, the Plaintiff did file a foreclosure action and alleged that our client failed to make a payment in 2010. Filed with the Complaint was a copy of the Note and Mortgage; however no copy of the acceleration letter was filed with the Court.

In response to the Plaintiff’s Complaint, our client filed an Answer and Affirmative Defenses and specifically denied that the Plaintiff complied with all conditions precedent – that they did not provide her with an acceleration notice pursuant to paragraph 22 of her Mortgage. The Plaintiff did file a Reply; however their only position regarding the paragraph 22 defense was to deny that they failed to provide our client with the pre-foreclosure notice.

On March 25, 2016, the Plaintiff filed a Motion for Summary Judgment along with several affidavits to support their motion. Aside from alleging that there were no material facts that would preclude summary judgment, the Plaintiff’s affidavits did not state that an acceleration letter was ever provided to our client. Moreover, an acceleration letter was never provided to the Trial Court in support of their Motion for Summary Judgment.

We filed a Response to Plaintiff’s Motion for Summary Judgment on May 16, 2016, along with our client’s Affidavit stating that she did not receive an acceleration letter. The Plaintiff’s Summary Judgment hearing was set for May 18, 2016, and after brief oral arguments, the Court decided it wanted to reset the hearing so it could further review our client’s opposition. On May 23, 2016, the Trial Court heard again the Motion for Summary Judgment and found that our client’s response and opposition were untimely. We promptly filed a Motion for Rehearing on May 25, 2016 and pointed out to the Court that our client’s opposition and affidavit were in fact timely.

The Plaintiff filed an opposition to our Motion for Rehearing and on June 27, 2016, the Trial Court permitted oral arguments concerning our client’s Motion for Rehearing. Ultimately, the Trial Court ruled that our client’s opposition was timely, but found that on the merits, there was no genuine issue of material facts to preclude summary judgment. In response, we filed our Notice of Appeal to the 3rd District Court of Appeals.

Our Initial Brief was filed on February 13, 2017 which outlined the significant errors committed by the Plaintiff and the Trial Court for granting summary judgment. The Plaintiff asked for a brief extension of time to file their Answer Brief, however on May 4, 2017, the Plaintiff filed a Notice of Confession of Error. They admitted that without proof of the acceleration letter, summary judgment was improper. The Appellate Court reversed the summary judgment and remanded the case back to the Trial Court to resolve the matter through a non-jury trial.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you. Results may not be typical. You may not have as beneficial a result.

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Ripoff After Payoff

Alan was not the typical client, but unfortunately what he experienced was something I have seen time and time again. Alan story with the Mortgage Servicing division began long after he came to Loan Lawyers. Alan had fallen on hard times and couldn’t keep up with his mortgage payments and care for his family in their times of need. As any responsible parents and husband would do Alan made sure his family could make it through challenging times with food on the table and clothes on their backs, despite all the threats from the bank. The bank’s unwillingness to work with Alan eventually led to a foreclosure action being filed against him. As G-D would orchestrate it, Alan was blessed to have a major financial turnaround, so much so in fact he was able to pay all of the arrears to get his loan current once again and move forward and upward thereafter. The bank agreed and all seemed as though it was right as rain once again. However, Loan Lawyers foreclosure counsel began to notice something was awry and immediately notified the Mortgage Servicing Division of Loan Lawyers to investigate and help Alan, where nothing else seemingly worked. You see, the bank sent Alan a statement showing he was current, but never notified their lawyers. Rather, the bank’s lawyers had motioned the foreclosure court to sell Alan’s home. After examining two key documents it was clear what had to be done. We communicated directly with the bank’s counsel and advised they had better ensure that the foreclosure case doesn’t progress, and instead be dismissed or that firm will ALSO be liable, just as their client, the bank would be. We advised the bank’s counsel of the evidence we possessed and informed them that without a dismissal within 48 hours we are proceeding to both federal court and seeking an order to show cause why the lawyers representing the bank should not be sanctioned. By hour 36, we were able to report to our client his home was safe, and his case was now dismissed. This is all part of the team of Loan Lawyers and the blessing of being part of the Mortgage Servicing Division.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you.”

*Pseudonym used.

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Consumer Beats Cable Company

Frequently consumers return cable boxes to their cable companies and months or years down the road are contacted by those companies claiming that years of late fees, penalty fees and rental fees are owed because the box was never returned. This sort of thing sometimes happens due to clerical errors on the part of the cable companies. If you return your cable box or an internet modem, make a copy of the paperwork and keep it someplace where you will be able to find it in ten years because our firm has heard horror stories from a number of people who have had to deal with that sort of headache.

Years ago one of our clients returned a cable box to their cable company and stopped receiving services from them. Years down the road the cable company began sending our client bills in the mail demanding payment for a cable box they had supposedly kept, seeking the value of the box, rental charges as well as years worth of late fees and penalty fees. Our client kept good documentation and we sued the cable company for violations of the Florida Consumer Collection Practices Act, alleging that they tried to collect a debt which was not owed and that they engaged in harassment. The case recently ended, with the cable company agreeing to pay our client thousands of dollars. We took the case on a contingency basis so our client did not even have to pay us a single cent up front.

If you have been the subject of debt collection attempts for debts which you do not owe, please contact our office to find out if we can help you as well.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you.

“Results may not be typical. You may not have as beneficial a result.” Mandatory disclosure from The Florida Bar.

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Shutting Down the Debt Collector

Frank P. 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. The phone calls were causing a major disruption in his everyday life, affecting his ability to work and make a living. A majority of the phone calls made to Frank P. were disconnected when he answered but on a couple occasions, he spoke to a person and smartly informed them to stop calling his cell phone. Frank P.’s attempts to have the debt collector stop calling did not stop the debt collector from using an auto-dialer and/or pre-recorded message to contact Frank P. on his cell phone. Thankfully, Frank P. found the relief he was looking for from the help of the staff at Loan Lawyers. With Loan Lawyers representing him, Frank P. filed a lawsuit in Federal Court against the debt collector for violation of the TCPA. Frank P. alleged that the debt collector willfully or knowingly violated the TCPA by calling his cell phone with an auto-dialer and/or pre-recorded message without Frank P.’s prior consent.

Under the TCPA, a person can receive $500 in damages for each violation or $1,500 for each violation if the defendant willfully or knowingly violated the TCPA. The matter was resolved and Frank P. no longer receives phone calls from that debt collector on his cell phone. Frank P. can now move on with his life away from the debt collector’s disrupting phone calls that haunted him thanks to the staff and lawyers at Loan Lawyers.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you.”

*Pseudonym used.

** Results may not be typical. You may not have as beneficial a result

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House Case Settled!

K.C came to Loan Lawyers seeking foreclosure defense representation from his Home Owners Association (“HOA”). He was facing foreclosure of his homestead over a Claim of Lien for a little under $900! It is true that our clients stopped paying the assessments, but the sad and very unfortunate part about it all, is that our clients never received the Notice of Intent to Foreclose required under the Statute and Case law. Only when our clients were served the foreclosure papers did they attempt to tender payment. Unfortunately, it was a little too late. The lawsuit was filed in 2014 and progressed in the Courts until our Firm got involved. Our office immediately jumped into the case and litigated the file. We filed a very aggressive Answer with multiple Affirmative Defenses which immediately caught the attention of the HOA as well as opposing counsel. We also filed a very aggressive Motion for Summary Judgment and set the same for hearing. It was evident that a number of issues existed that made the HOA nervous. The HOA ultimately decided to Mediation. After 5- hour mediation, the HOA agreed to settle the case instead of litigating this matter any further. We were able to save our client thousands of dollars on the total amount due and owing. With an aggressive and strategic approach, we were able to save our client’s homestead and his wallet in the long run.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you. Results may not be typical. You may not have as beneficial a result.

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Reached out to Loan Lawyers for help with her creditors

Client came to Loan Lawyers with an all too familiar fact pattern. She fell behind with her homeowner’s association by three payments and they balked when she approached them to set up a plan payment that would pay them the missed payments. They insisted on the missed payment immediately with interest and attorney’s fees. Irrespective that she was current for many years residing in the community and was simply out of employment for a brief period of time.

South Florida has one of the highest concentrations of homes within homeowner and condo associations. The governing documents allow them to collect interest and attorney’s fees on missed payments Furthermore, the law allows them to foreclose on delinquent properties, irrespective of homestead status. A common misconception amongst clients I first meet is that the association cannot foreclose on the property due to its homestead status.

In the instant case, the fees spiraled out of control and in an effort to become current with her association, our client became delinquent on her mortgage. At this point, she realized that she required help in dealing with her creditors and reached out to Loan Lawyers.

In a market where many homes were underwater, our client had equity in her home and this required her treating her creditors to ensure she saves the home and the equity in it. At this point the amount owed to the association was significant and they jumped at the first opportunity to object to their treatment - they wanted the home to go into foreclosure. The Judge granted our client’s request and the process of saving her home was underway.

The creditors filed their proofs of claim which we reviewed for accuracy. We proposed a chapter 13 bankruptcy plan that the homeowners’ association would have rejected outside of a bankruptcy setting but was forced to accept in a chapter 13 bankruptcy. Additionally, we added the mortgage company in the bankruptcy to maximize the amount of time in which she can cure the default.

In what started off as a small default, quickly avalanched into a significant sum owed and only days away from losing her home. It is important to know your rights, reach out to reputable counsel if the matter is escalating. Do not let the matter reach the point where you are days away from losing your home.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,500 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.

“Results may not be typical. You may not have as beneficial a result.” Mandatory disclosure from The Florida Bar.

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A Successful Mortgage Loan Workout Agreement

Various types of payment settlement arrangements may potentially be negotiated with mortgage lenders in an effort to bring a mortgage loan account out of alleged default status and thereby avoid foreclosure of the subject property. One such type of potential payment arrangement is a mortgage loan workout agreement. Workout agreements are similar to a loan modification agreement in that they usually involve modifying the regular monthly mortgage payments downward to a more affordable amount, but often different in that they typically include some sort of a good-faith deposit before regular monthly mortgage payments resume.

Millicent M., an elderly, retired lady, unfortunately fell behind on her mortgage payments and was being sued in foreclosure, but she hoped to keep her home where she had lived for over fifteen years. She therefore retained Loan Lawyers, LLC to represent her. While also defending her in the foreclosure lawsuit, Loan Lawyers, LLC began the process of negotiating with the mortgage lender to attempt to obtain a reasonable payment arrangement that our client could afford, so that she might bring the mortgage loan account back into good standing and her home out of foreclosure proceedings.

Loan Lawyers, LLC worked diligently with our client to put together a proper financial packet to be submitted to the lender for review and negotiation of a potential payment plan that our client might hopefully afford. Through the experience and efforts of our team of attorneys and legal support staff, Loan Lawyers, LLC was able to have the mortgage lender review our client for a potential payment plan within less than a month from the time that we submitted the financial packet. Through our diligent negotiations, Loan Lawyers, LLC was ultimately able to obtain a Workout Agreement for our client with a low, fixed interest rate where the mortgage lender agreed to accept a good-faith deposit of less than $1,000.00, and modified regular monthly mortgage payments of less than $500.00. Particularly since our client was retired and receiving a low, fixed income through Social Security, she was extremely pleased with the affordable Workout Agreement that Loan Lawyers, LLC was able to negotiate on her behalf.

If you are facing the threat of a potential foreclosure lawsuit or are already being sued in foreclosure, Loan Lawyers, LLC welcomes the opportunity to meet with you during a free consultation to discuss your legal options. Loan Lawyers, LLC has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer and debt collector violations. Please do not hesitate to contact Loan Lawyers, LLC to find out how we may be able to help you.

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A Speedy Reinstatement

Shawn S. retained Loan Lawyers, LLC in the last week of April 2017, just six days before a scheduled foreclosure sale of the client’s home pursuant to a final judgment of foreclosure that had already been entered by the Court on March 14, 2017, before the client even hired Loan Lawyers, LLC. During the free consultation with Loan Lawyers, LLC, the client indicated that he had recently come into certain funds and was potentially interested in negotiating a payment with the mortgage lender to bring the mortgage loan account back into good standing and out of foreclosure. Because of the extremely short window until the previously scheduled foreclosure sale, and the fact that the client was not familiar with the intricacies of the foreclosure process, the client retained the experienced team of attorneys and legal support staff at Loan Lawyers, LLC to represent him in attempting to cancel the foreclosure sale of his home and otherwise resolve the pending foreclosure lawsuit.

With the foreclosure sale date just six days away, Loan Lawyers, LLC immediately contacted the mortgage lender’s attorney to request a reinstatement quote and begin expedited negotiations. A reinstatement quote is a written, itemized statement issued by the lender or its authorized loan servicer setting forth the alleged amounts due to return the mortgage loan account to active status and bring it out of default/foreclosure status. Obtaining a current reinstatement quote is therefore necessary to ensure that the homeowner is aware of the total amount that the mortgage lender presently alleges is due to avoid foreclosure and thus provide a starting point to begin monetary negotiations with the mortgage lender.

Because the mortgage lender often is unable to generate a reinstatement quote overnight, and is otherwise not even required by law to generate a reinstatement quote that quickly, Loan Lawyers, LLC promptly presented to the mortgage lender’s attorney a formal settlement offer for reinstatement of the mortgage loan account, and filed with the Court a motion to cancel the upcoming foreclosure sale based on the pending settlement negotiations while we awaited the lender to generate the requested reinstatement quote. Loan Lawyers, LLC further acted without delay to contact both the Court and the mortgage lender’s attorney’s office to coordinate an emergency hearing on our motion to cancel the foreclosure sale.

Due to Loan Lawyers, LLC taking quick action, coupled with our experience in defending foreclosure lawsuits and negotiating payment arrangements with mortgage lenders, we were successfully able to obtain a Court-ordered cancellation of the foreclosure sale within just six days of being hired by the client. Thereafter, we promptly received the requested reinstatement quote from the mortgage lender, negotiated payment arrangements accordingly, and confirmed with the mortgage lender’s attorney timely receipt of the reinstatement funds. Loan Lawyers, LLC then continued to engage in expedited communications with the mortgage lender’s attorney to ensure a prompt dismissal of the foreclosure lawsuit due to settlement through the reinstatement negotiations.

While Loan Lawyers, LLC certainly recommends to anyone not to delay in consulting with an attorney if facing a foreclosure lawsuit or a threat of a potential foreclosure lawsuit, we welcome the opportunity to provide you a free consultation to discuss your options no matter what stage of foreclosure proceedings. Loan Lawyers, LLC has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer and debt collector violations. Please do not hesitate to contact Loan Lawyers, LLC to find out how we may be able to help you.

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Successfully Defended Bank’s Summary Judgment

In 2006, our client V.D. took out a mortgage with the loan originator. After falling behind on mortgage payments, our client entered into a modification with US. Bank in 2008. Unfortunately, the modification included language that suggested that the client waived certain rights as it pertains to notice of acceleration. Eventually, the client fell behind in payments under the modification, and a mortgage foreclosure complaint was filed in 2016.

The case proceeded along as usual, with some minor discovery conducted, however the Plaintiff, BH Florida Funds, filed a motion for summary judgment towards the end of 2016. Accompanying their motion was an affidavit of attorney’s fees, an affidavit of reasonableness, an affidavit of supporting documents and an affidavit of indebtedness. While nothing egregious stood out about the motion, the affidavit of indebtedness and affidavit of attorney’s fees appeared to fall short of the standard required for summary judgment.

In particularly, the affidavit of attorney’s fees did not include a breakdown of what time was spent on different aspects of the file. Instead, all time was grouped together and multiplied by an hourly rate, despite a variety of attorneys and staff who undoubtedly worked on the file, all at varying hourly rates. Moreover, the reasonableness of these figures was not apparent in the affidavit because there was no line item for how much time was spent on each activity.

Regarding the affidavit of indebtedness, an employee of the Plaintiff swore under oath that he reviewed the figures in his banking system and determine that our client was behind in payments by a sum certain. What was missing from this affidavit was the actual business records the affiant relied on to determine how much money was owed. For example, the affidavit claims that our client owed over $40,000.00 in unpaid interest, however the records to show how he arrived at that figure was missing. This affidavit was ripe with hearsay and conclusory statements. If you’re going to swear to the contents of your records, the records need to be attached so everyone can see where those figures came from.

Finally, while our client may have waived her right to pre-foreclosure notice pursuant to the modification, there is an argument to be made that the waiver language was only applicable if US Bank filed a foreclosure action, not BH Florida Funds. This could be a critical distinction, because the Plaintiff offered no evidence that the pre-foreclosure notice was actually mailed to our client, which in of itself is a great defense to foreclosure.

At summary judgment, these issues were raised before the Judge. Plaintiff’s counsel touched on some of them, but by and large, she was unable to affirmatively show why these issues shouldn’t preclude judgment in Plaintiff’s favor, and the Judge ultimately decided to agree with us. Plaintiff’s Motion for Summary Judgment was denied! This is encouraging news, as we now know some of these issues will be difficult for the Plaintiff to overcome at the upcoming trial.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you. Results may not be typical. You may not have as beneficial a result.

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*Results may not be typical. You may not have as beneficial a result

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