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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 the list of creditors who, because of the automatic stay, may neither commence nor continue collection efforts against a bankruptcy debtor. The…

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 many things, but in the simplest form, it is the authorization to represent another concerning…

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 a foreclosure auction, amongst other things. It contains a final determination of the issues in the case. Unless it’s appealed, the…

“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 applicable to a notice of error with respect to such qualified written request.” 12 C.F.R. §1024.35(a). In…

Oftentimes, 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, and the property is sold to a third-party purchaser. Subsequent to the sale, the Bank files a foreclosure action against the borrowers on the…

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 attorneys at Loan Lawyers may help any taxpayer negotiate a settlement with the IRS of any…

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 foreclosure filings in the United States. The information in ATTOM’s annual report is based on publicly recorded and published foreclosure…

Discharging income taxes in bankruptcy will not remove a tax lien which existed prior to the filing of a bankruptcy case. Such a lien is still valid and may not be discharged unless the lien is paid in full or some other resolution is negotiated with the IRS. To determine…

The amount of equity in a motor vehicle is a large factor in determining whether a bankruptcy trustee may take a motor vehicle to repay general, unsecured creditors. If the equity in a car is minimal, then a chapter 7 trustee will typically not sell it. However, if the equity…