Illegal Debt Collection Activity Stopped and a Monetary Recovery for Our Client
We sued a debt collector and alleged creditor for attempting to collect a debt from the client that he did not owe. The debt collector got a judgment on behalf of the alleged creditor against an individual who shared the client’s first name. Once it received the judgment, the debt collector attempted to garnish the debtor’s wages by sending writs of garnishment to multiple different financial institutions. Eventually, the debt collector, using the client’s first name and social security number, successfully garnished the client’s wages despite the client not being the debtor.
The client attempted to resolve the issue on his own by telling the debt collector that it made a mistake and that he was not the debtor, but he was ignored. The financial institution garnishing the client’s wages doubt the accuracy of the debt collector’s information and tried to advise the debt collector of the inconsistencies, but also was ignored. We filed a lawsuit on behalf of the client for violations of the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act and, within a week, got the writ of garnishment dismissed. We also got the client monetary damages for garnishing his wages when he wasn’t the debtor and forcing to struggle to make ends meet.
Main Location: 3201 Griffin Rd # 100, Fort Lauderdale, FL 33312
Second Location: 101 NE 3rd Ave Suite 1571, Fort Lauderdale, FL 33301
Monetary Recovery for Our Client Due to Improper HELOC Collection Attempts
We assisted a client in resolving an issue with his HELOC loan. The mortgage servicer threatened the client with foreclosure and placed him in default even though he never missed a payment. The mortgage servicer forced placed an escrow account for the HELOC loan despite the fact that he had an escrow account for his first mortgage and started reporting the HELOC loan negatively on his credit reports. We sent a notice of error in an effort to correct the issue and eventually filed suit against the mortgage servicer. We successfully negotiated the removal of negative credit reporting and monetary damages for the client.
Main Location: 3201 Griffin Rd # 100, Fort Lauderdale, FL 33312
Second Location: 101 NE 3rd Ave Suite 1571, Fort Lauderdale, FL 33301
Another Win for a Loan Lawyers Client Due to Illegal Debt Collection Activities
We helped a client after he was sent a letter from a debt collector trying to collect a debt on behalf of a medical services provider. The client previously settled the debt he had with the medical services provider as a part of a settlement in a separate case. The medical services provider agreed to accept half of its fees and deposited the client’s check. About a year and half later, the medical services provider hired a debt collector to collect the full amount of its fees despite the agreement with the client and the deposited check.
We sued both the debt collector and the medical services provider for violations of the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act. We settled the case before the debt collector and medical services provider were required to answer the complaint and the medical services provider was required to mostly indemnify the debt collector as a term of the settlement. We secured monetary damages for the client for the unlawful debt collection he experienced and provided him with the peace of mind he deserves.
Main Location: 3201 Griffin Rd # 100, Fort Lauderdale, FL 33312
Second Location: 101 NE 3rd Ave Suite 1571, Fort Lauderdale, FL 33301
Wrongfully Repossessed? How We Helped a Client Recover After an Unlawful Vehicle Seizure
Our client was the victim of an unlawful repossession after purchasing a vehicle from a car dealership. He paid for the car in full with cash, and at the time of purchase, all ownership and financial obligations were settled. However, unbeknownst to our client, an unknown lender, with whom he had no relationship, mistakenly believed that the loan for the vehicle had not been paid off by the original debtor. The lender failed to check the vehicle’s ownership status and, seeing that they were still owed money, wrongfully attempted to repossess the car.
The lender’s failure to verify the transfer of ownership led to the unlawful repossession of our client’s vehicle, leaving him without transportation and causing significant disruption to his daily life. As a result of the repossession, our client incurred additional expenses for alternative transportation and experienced considerable inconvenience and emotional distress.
Through our legal efforts, we were able to secure a settlement on behalf of our client. The settlement provided full reimbursement for all expenses incurred due to the repossession, including costs for alternative transportation, lost wages, and other related expenses. Additionally, our client was compensated for the emotional distress, frustration, and inconvenience caused by the wrongful repossession and the time spent without his vehicle.
Ultimately, our team successfully negotiated a resolution that not only reimbursed our client for his financial losses but also acknowledged the significant aggravation caused by the unlawful repossession. The settlement has brought the matter to a satisfactory conclusion, ensuring our client’s rights were upheld and that he received fair compensation for the harm he endured.
Loan Modification and Foreclosure Prevention
Our client, facing a foreclosure filed by their lender on their primary residence, reached out to us for assistance after falling behind on mortgage payments. The lender had initiated the foreclosure process, leaving the client in a precarious position. Upon reviewing the case, we discovered that the lender had violated the Real Estate Settlement Procedures Act (RESPA) by failing to register as a debt collector before attempting to collect on the mortgage. Under RESPA, lenders must register as debt collectors when attempting to collect consumer debt related to residential mortgages.
In response to the lender’s actions, we filed a lawsuit challenging their non-compliance with RESPA, which delayed the foreclosure proceedings and provided the client with additional time to explore options. This legal action served as leverage in negotiations with the lender.
As a result of our efforts, we successfully negotiated a loan modification for the client, which reduced their monthly payments and brought them back into good standing with the mortgage. The loan modification not only allowed our client to avoid foreclosure but also ensured that the lender would be held accountable for their failure to comply with RESPA regulations.
This case highlights the critical importance of enforcing consumer protection laws such as RESPA and demonstrates our commitment to helping homeowners protect their rights. Ultimately, we were able to secure a positive outcome for our client and prevent the loss of their home.
Loan Modification Secured After RESPA Violations
Our client, struggling with mortgage payments on his personal residence, was unable to secure a loan modification on his own despite multiple attempts. The lender had failed to respond timely and provide the necessary information and documentation required for the modification, violating the Real Estate Settlement Procedures Act (RESPA).
Upon reviewing the case, we identified that the lender’s failure to comply with RESPA regulations — specifically, not responding to the client’s requests for information in a timely manner and not providing the correct documentation — warranted legal action. We filed a lawsuit against the lender for these violations, which provided leverage in our negotiations with them.
As a result of our legal intervention, the lender became more responsive and ultimately agreed to a loan modification. This modification significantly reduced the client’s monthly payments and put them back in good standing with the mortgage, enabling them to avoid the risk of foreclosure.
This case highlights the importance of ensuring lenders comply with RESPA and the power of legal action in holding them accountable. Thanks to our efforts, our client was able to secure a favorable loan modification that they could not achieve on their own, helping them maintain their home and stabilize their financial situation.
RESPA Violation Leads to Successful Elimination of Corporate Advance Balance and Deletion of Tradeline
Our client was facing significant issues with her mortgage lender, who was not applying her payments correctly, resulting in an inaccurate past due balance and negative marks on her credit report. Despite the client’s own attempts to resolve the issue, she was unable to get anywhere. We determined that the lender’s actions violated the Real Estate Settlement Procedures Act (RESPA).
After sending a Request for Information (RFI) to the lender, which went unanswered or inadequately addressed, we filed a lawsuit against the lender for RESPA violations. This legal action forced the lender to the table, where we were able to negotiate a favorable outcome for our client.
As a result of our efforts, we secured the following positive outcomes:
- Elimination of the Corporate Advance Balance: The lender agreed to remove the unnecessary corporate advance charges from the mortgage balance.
- Deletion of Past Due Tradeline: The lender agreed to delete the inaccurate past due tradeline from the client’s credit report, which was affecting her credit score.
- Past Due Check Issued: The lender also issued a past due check to the client for funds owed due to the improper application of payments.
This case underscores the importance of holding lenders accountable for RESPA violations and demonstrates the effectiveness of legal action in achieving positive outcomes for clients. Thanks to our intervention, the client was able to correct the errors on her mortgage, improve her credit, and receive compensation for the lender’s mistakes.
Erased Debt and Vacated Judgment: Victory Over Unlawful Debt Collection
We successfully helped a client who became the victim of improper and illegal debt collection practices. The debt collector obtained a judgment against her in state court without properly serving her, denying her the opportunity to defend herself—clear violations of the Fair Debt Collection Practices Act (FDCPA).
After consulting with our client and thoroughly researching the issue, we quickly took action by filing a federal lawsuit against the debt collector for these unlawful practices. Our prompt and strategic approach allowed us to negotiate a highly favorable settlement on behalf of our client. As a result, we were able to have the judgment vacated, eliminate the entire underlying debt, and most importantly, provide our client with peace of mind knowing she would no longer face any illegal debt collection attempts.
If you’re facing similar issues with debt collectors, we’re here to protect your rights and help you achieve a fair resolution. Let us put our experience to work for you and ensure you’re not unfairly burdened by unlawful debt collection practices.
Another Home Saved from Foreclosure Due to Loan Servicer, Mr. Cooper’s, Error
We successfully helped our client secure a loan modification and avoid foreclosure in a complex situation where she was being sued by the bank for non-payment. The underlying issues with her loan required immediate attention, so we took decisive action by sending a Request for Information (RFI) and a Notice of Error (NOE) to the loan servicer, Mr. Cooper. When Mr. Cooper failed to respond appropriately, we escalated the matter by filing a federal lawsuit against them for violations of the Real Estate Settlement Procedures Act (RESPA), ensuring our client’s rights were protected and enforced.
By taking this strategic legal action, we gained significant leverage over the loan servicer, allowing us to negotiate a highly favorable settlement for our client. This resulted in a loan modification through a partial claim mod, the dismissal of the foreclosure lawsuit, and the ability for our client to remain in her home with affordable, manageable payments. Most importantly, our client regained peace of mind and was able to move forward without the looming threat of foreclosure.
If you’re facing similar challenges with your mortgage or loan servicer, our team is here to help. We have the experience and dedication to protect your rights, negotiate on your behalf, and find a resolution that works for you.
