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“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…

Once a case for an unpaid debt goes to trial unless the creditor has insufficient evidence in the form of payment records or the alleged obligor has presented evidence of payment, the expiration of the statute of limitations, or some other defense, judgment for the creditor may be inevitable. Once…

Unlike a standard mortgage where the borrowing homeowner must repay the mortgage loan by making monthly mortgage payments to the lender, the lender of a reverse mortgage actually pays the borrowing homeowner by extending a line of credit. The purpose behind a reverse mortgage is to allow the borrowing homeowner…

Credit card companies generally don’t forget about the unpaid obligations of their cardholders. Eventually, they will file a civil lawsuit to obtain a judgment for an unpaid debt or obligation. Once a defendant is served, he or she only has 20 to 30 days to prepare and file a response…

Anyone with credit card debt should never ignore a creditor’s attempts to collect an unpaid debt. The likely result is that in the near future, the creditor will attempt to collect the debt by filing a lawsuit. The creditor will then serve the obligor for the debt (and now the…

Based on a simple reading of Fla. Stat. § 95.11, one might think that a foreclosure action must be brought within five years of default. However, after the holding of the Supreme Court of Florida in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), this apparently is not…

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…

When the IRS files a federal tax lien, it is asserting a legal claim against a taxpayer’s assets to collect an unpaid tax debt. The IRS sends Letter 3172, Notice of Federal Tax Lien and Right to a Hearing to the taxpayer to give public notice to all creditors that…