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On April 20, 2017, the CFPB sued one of the country’s largest non-bank mortgage loan servicers, Ocwen Financial Corporation (simply referred to as “Ocwen”)[1], and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” See CFPB v. Ocwen, 17-cv-80495-KAM (S.D. Fl. 2017) at ECF 1. The Bureau…

ecently, I had the pleasure of assisting one of our clients by overturning a final judgment entered against her. Unfortunately, we had to take her case to the Appellate Court, but thankfully, the bank confessed it was an error to have judgment entered against our client and agreed to reverse…

Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (“demand letter”) to the homeowner. Most mortgages require this and consider this requirement a condition precedent to a foreclosure suit. The commonly used phrase in…

Credit reporting agencies (CRA) collect, process, and archive credit information for 200 million people in the United States. Equifax, Experian, and Transunion, the three primary consumer credit reporting companies, sell this information mainly to facilitate the decisions of businesses that extend credit. However, many consumer rights advocates have doubts about…

If someone asked you where you live, I bet your typical response would be the name of the city or state where your home is located. If you had to be more specific, you might even give them your street address. But what if you had to be even more…

Many homeowners who are facing a foreclosure ultimately want to do whatever is necessary to retain their home. Their home is more than just a place to sleep – it’s where their kids grew up, it’s where they first lived when they came to America, and it’s where they would…

With the majority of standard mortgages, the total monthly mortgage payment typically includes payment for what is generally referred to in the mortgage industry as “PITI,” or principal, interest, taxes, and insurance. The principal is the amount that the lender actually loaned you when it gave you the mortgage loan….

The statute of limitations functions as an expiration date upon debts, once a debt has passed a certain point is no longer possible for a creditor upon that debt to file a lawsuit to collect upon it. Determining when exactly the statute of limitations has passed is complicated and can…

The statute of limitations can be considered an expiration date of sorts regarding a legal claim. Under the Fair Debt Collection Practices Act(“FDCPA”) a consumer has up to a year to bring a lawsuit for the unlawful conduct of a debt collector. Some events can extend the statute of limitations…