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Section 12 C.F.R. §1024.41(g) covers issues regarding what is referred to as “dual tracking”. “Dual tracking is the term given to situations in which the lender actively pursues foreclosure while simultaneously considering the borrower for loss mitigation options. See Gresham v. Wells Fargo Bank, N.A., 642 F. App’x 355 (5th…

Some of us are lucky enough to avoid court for an entire lifetime, and some of us are not. An individual may contemporaneously be a plaintiff in one action and a defendant in another. A civil judgment may be entered against you in one case while you are a plaintiff…

A payday loan is a short-term loan in which a lender provides funds to a borrower in exchange for a post-dated check, which includes the loan principal, interest rate, and fee. The lender agrees to hold the check until the future date on which the check is dated. Many payday…

Under Florida state law, borrowers are given a 60-day grace period if they are unable to repay a payday loan on the date of scheduled repayment. To qualify for this grace period, borrowers must: (1) make an appointment with a credit counseling agency within seven days of the loan’s original…

In 2005, Congress overhauled the bankruptcy code by passing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Central to this was the enactment of the means test. A list of 14 questions known as Form 122A. this determines whether there is disposable income available to pay creditors and therefore…

Most people know what a payday loan is. Payday loans, technically known as deferred presentment lending, involve a lender making an advance payment on a borrower’s post-dated check. In return for cash, the borrower provides this check typically dated as of the date of the borrower’s next paycheck. Most attorneys…

Unfortunately, many clients come to our office after a foreclosure auction arising out of a Final Judgment of Foreclosure wishing to save their home. These clients cannot file a bankruptcy since the sale already took place. However, not all is lost for the client. Under Fla. Stat. §45.031, a client…

In the period between the filing of a Chapter 13 plan and its confirmation, debtors may fall behind making their monthly plan payments. Eventually, the local assigned Chapter 13 bankruptcy trustee or a creditor will file a motion requesting the court to dismiss the case. However, even in this situation,…

When individuals file a Chapter 13 bankruptcy case, they assume the role of Chapter 13 debtors. As such, they are usually required to start making Chapter 13 plan payments roughly one month after the commencement of their case. At this time, such plan is only in the form of a…