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Bankruptcy FAQs

Bankruptcy

If I cannot afford to pay my mortgage how can I afford to hire a lawyer?

The truth is that it is often substantially cheaper to fight the foreclosure then to let the bank take the home away. By doing nothing, the bank may be able to take the home in a few months leaving you with moving costs and rent, often at a substantially less attractive living situation than you are currently experiencing. Not only that, but by walking away from the home, you may be subject to the bank suing you further on down the road for a deficiency judgment if you owe more than what your house is worth.

We have not only kept thousands of homeowners in their homes for years without paying their mortgages, but also have helped them procure substantial principal reductions enabling them to have significantly lower mortgage payments that they can afford. In addition, we sue banks for many violations under TILA, RESPA, FDCPA, FCCPA, FDUTPA, and other statutes, and have frequently recovered homeowners more money than what they have to pay us in legal fees. Furthermore we offer reduced legal fees and payment plans, charging homeowners in South Florida a fraction of what rent would cost.

If I file bankruptcy, will my credit be ruined?

Under the right circumstances, bankruptcy is an excellent tool that can and should be used to help homeowners. Fear of the ability to get credit should not be a determining factor in stopping someone from filing for bankruptcy. Nothing impacts a credit score more than missing mortgage payments, and after several missed mortgage payments the credit is already significantly reduced. In fact, most people that are in the position to file bankruptcy have already had their credit lowered to about as bad as it will get. On the contrary, after filing for bankruptcy you can then start fresh and begin rebuilding credit again.

How long will it take me to reestablish my credit after filing for bankruptcy?

While there is no exact amount of time, remember that credit card companies and other entities that issue credit make their money by extending credit, and thus are eager to put people back into the borrowing chain. We have had clients receive offers from credit card companies in as little as a year after filing for bankruptcy.

Will my spouse be affected by my individual bankruptcy filing?

A spouse is not affected by a bankruptcy if they did not sign an agreement for the debt. The answer to this question really depends on how the debt is held and who is responsible for it. It is not uncommon for only one spouse to file for bankruptcy. Prior to either spouse filing for bankruptcy, a consultation should be made with an experienced bankruptcy attorney who can go through all of the debt issues with you and give you the proper legal advice.

Can I be fired from my job if I file bankruptcy?

No. Under U.S.C. Section 525, an employer cannot discriminate against you due to you filing for bankruptcy.

What Is Chapter 7 Bankruptcy?

Chapter 7 of the Bankruptcy Code governs the process of liquidation under the bankruptcy laws. Chapter 7 is the most common form of bankruptcy. In the liquidation process, most or all of a debtor’s assets are sold off to generate cash that is then used to pay the debtor’s creditors. The debtor’s debts are thereby eliminated, giving the debtor a fresh start. The liquidation process under Chapter 7 can differ slightly, depending on whether the debtor is a business or an individual.

When a business files for Chapter 7 bankruptcy, the bankruptcy court will appoint a trustee. The business must cease operations, unless the trustee chooses to continue operations. The trustee will make an accounting of the business’ financial affairs, and will then begin selling the business’ assets, distributing the proceeds to the business’ creditors. However, a business’ debts are not technically discharged at the close of a Chapter 7 case, and continue to exist until the applicable statute of limitations expires.

When an individual files for Chapter 7 bankruptcy, unless their debt is primarily not consumer debt, they must meet the means test to demonstrate their eligibility for Chapter 7. A debtor automatically meets the means test if their household income (the income being earned by all individuals in the debtor’s household, not just the debtor’s income) is less than the median household income in the state where the debtor files for bankruptcy. Otherwise, a debtor’s disposable income must not exceed a specified floor amount or portion of their debts. If it does, a debtor can only seek a Chapter 7 bankruptcy if they establish “special circumstances,” such as additional expenses, loss of income, or medical emergency.

An individual is allowed to exempt certain property from liquidation in Chapter 7 bankruptcy. Upon emerging from bankruptcy, most of the individual’s unsecured debts are discharged (with certain exceptions, such as student loans or domestic support obligations).

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is the process by which an individual is allowed to undertake a “reorganization” of their finances. An individual can seek Chapter 13 bankruptcy when they have sufficient income to make payments to their creditors under a repayment plan.

In a Chapter 13 proceeding, the debtor begins making payments to a trustee appointed by the bankruptcy court. The debtor must also present the court with a proposed repayment plan lasting either three or five years. The plan must be approved by the debtor’s creditors. It can also be approved by the bankruptcy court, over the objections of creditors, so long as the plan meets the requirements under Chapter 13.

Under a Chapter 13 repayment plan, a debtor can:

  • Consolidate debts
  • Cure arrearages on mortgages or other long-term debts
  • Avoid “underwater” loans
  • Pay back taxes over time
  • Partially repay unsecured debt

If the debtor makes all payments required under the repayment plan and meets other requirements, the bankruptcy court can discharge outstanding debts, including some debts that cannot be discharged in a Chapter 7 bankruptcy. Chapter 13 bankruptcy also has the benefit of allowing a debtor to keep most or all of their property and assets – which would sold off in a Chapter 7 liquidation – even though the debtor’s creditors are likely to receive less than the outstanding balances owed by the debtor.

What Is Chapter 11 Bankruptcy?

Chapter 11 bankruptcy allows businesses, whether organized as corporations, partnerships, or sole proprietorships, as well as individuals in certain situations, to undertake reorganization of operations and finances. Businesses typically file for Chapter 11 bankruptcy when they are no longer able to service debts or pay creditors, but when the business can still be reorganized and made profitable again. Unlike Chapter 7 bankruptcy, the debtor remains in control of the business and its operations as a debtor-in-possession, unless the court appoints a trustee.

As in a Chapter 13 bankruptcy, a Chapter 11 debtor is required to file a plan of reorganization with the court. A plan of reorganization is effectively a compromise between the debtor and their creditors. The plan sets forth how the debtor intends to reorganize operations to become profitable again and how the debtor proposes to repay creditors. The plan will also propose to reject and cancel certain contracts known as executory contracts, or those in which both parties still have duties to perform. Examples of executory contracts include collective bargaining agreements, vendor contracts, and real estate leases.

If all creditors approve the plan of reorganization, it is usually approved by the bankruptcy court. In a process known as cramdown, the bankruptcy court can approve the plan over the objection of certain creditors, provided the plan still meets the requirements of Chapter 11. Although a debtor has the exclusive right to propose a plan at the outset of the proceedings, if a plan is not adopted by a certain time, any party with an interest in the proceedings may propose an alternative plan.

Why Choosing the Right Bankruptcy Lawyer Could Change Your Life

Thinking about filing a bankruptcy. Let me tell you why choosing the wrong bankruptcy law firm can cost you 1000s or even hundreds of 1000s of dollars. Way too often people wind up with bankruptcy law firms though don’t take the time to properly review the entire debt situation and look to see if their clients’ rights have been violated by banks, debt collectors or credit card companies.

There are multiple state and federal regulations that exist to protect consumers rights. Imagine filing a bankruptcy only to find out later or maybe even never know that you had a case worth over $100,000 against a debt collector for fraud that is now forever gone because you file that bankruptcy.

Countless times people have come to loan lawyers from other bankruptcy law firms and we were able to recover 10s even hundreds of 1000s of dollars for them for consumer fraud and get them completely out of debt without having to ever file a bankruptcy.

So, if you’re considering filing for bankruptcy, don’t risk losing out on the possibility of collecting 1000s of dollars or more if your rights had been violated. Call Loan Lawyers now for free debt elimination consultation.

We’ve eliminated over $100 million dollars in consumer debt recovered over $20 million for our clients for debt collector violations. And we fought more than 6000 people eliminate debt and restore peace of mind. Call us now at 1888 fight 13 that is 1888513 or visit us on the web at https://www.fight13.com/

Why Bankruptcy May Not Be the Best Option When You’re Sued for Debt

Let me tell you why bankruptcy may not be the best option if you’re being sued for a debt. Now bankruptcy is an effective tool to get out of debt. But there are reasons that it should be used strategically and only as a last resort. For once you file bankruptcy, you may not be able to file again for eight years. So, you want to make sure that it is the right situation. Plus, if you’re behind on your mortgage, and you file for bankruptcy, you might end up losing your home.

Additionally, if you’re being contacted by debt collectors, they may be violating the law and you may be entitled to collect money from them. But if you file bankruptcy, you may lose that right? Not only that, there are often better tools to get out of debt and potentially recover money if the debt collector has violated any laws.

So, if you’re thinking about filing bankruptcy, you should speak to a law firm that helps people get out of debt in other ways as well, not just the bankruptcy. Call Loan Lawyers TODAY FOR FREE consultation. We’ve eliminated over $100 million in debt and recovered over $20 million for our clients for debt collector violations. And if helped more than 6000 people eliminate debt and restore peace of mind. Call us today at 1888 513 for your free consultation.

You Should Hire a Lawyer That Has Experience with Debt Relief, Not Just Bankruptcy

If you’re struggling with any type of debt or you’re being sued for debt, let me tell you why you should only hire an attorney that has experience in many different areas of debt relief. As the old adage goes, if you’re a hammer, the whole world looks like a nail. Too often, when people have debt issues, they wind up in a law firm that only handles bankruptcy, or only handles that defense or only handles that negotiation. Whatever the case is, these people often wind up with a solution that’s best for the lawyer, not necessarily for the client.

It’s essential for law firms who practice in debt matters to have a thorough understanding and experience and multiple areas of debt, including but not limited to bankruptcy, debt negotiation, debt, defense, debt litigation, the Fair Debt Collection Practices Act, and the Telephone Consumer Practices Act just to name a few. There are many variables with debt and the right solution for one person isn’t necessarily the right solution for somebody else.

So, if you’re struggling to pay your bills, or you’ve been sued for debt, there are many practical and affordable ways to get out of debt. And you may be even entitled to money for debt collector violations.

Call Loan Lawyers now for your free consultation. We’ve eliminated over $100 million in debt recovered over $20 million for our clients for debt collection violation laws. And they’ve helped more than 6000 people eliminate debt and restore peace of mind.

Credit card debt FAQs

Credit card debt

How do I know if there has been a reporting error on my credit report?

As a general rule, any consumer that has borrowed money, used a credit card, or has entered into any kind of credit agreement should go online and check their credit report to make sure that it is accurate. The only website that has been approved by the FTC for access to your free credit report is annualcreditreport.com. At a minimum, you should check your credit report once a year, if not more.

What do I do if I have found errors on my credit report?

The first step is to contact both the credit reporting company, as well as the company that provided the information to them and let them know. It’s highly recommended to do so in writing via certified mail so you can document that they received your dispute letter. In addition to your name, address, and phone number, the dispute letter should also include the specific items in your report that you dispute, with a short factual explanation as to why you are disputing the information, as well as a clear request that the information be removed or corrected. They have 30 days to investigate the matter, and if it’s determined that the reported information was inaccurate, then it must be corrected on your file.

The credit reporting companies must give you a response in writing as soon as the investigation is complete. Additionally, if it’s determined that there was an error on your report, you can request that the credit reporting company send notices of any corrections to anyone who has requested your credit report in the past six months (or up to two years it was for employment purposes). Unfortunately, even if your credit report has been corrected, the incorrect information may be put on there again, so make sure to check your credit report on a regular basis.

I applied for credit and was denied due to something on my credit report. Is there anything that I can do?

Statistically, a large percentage of credit reports have errors. If you have been denied credit or given credit at a high rate of interest due to your past credit history, the first step is to get a copy of your credit report to check it for accuracy. If there are errors, then immediately file a dispute letter with the credit reporting agency and the company that provided the information. If they refuse to correct the error, you should consult an experienced consumer litigation attorney for help.

Why You Should Never Ignore a Debt Lawsuit

If you’re being sued over some old debt, whether it’s for credit cards, medical bills, automobile bills, or any other type of debt, before you consider just ignoring the lawsuit, let me talk to you about some of the risks of doing that. Once you’re sued, you only have 20 days to file a proper, legally sufficient response with the court or a judgment can and will be entered against you.

Now, once that judgment is entered against you, your bank accounts can be garnished, your paychecks could be garnished or your assets repossessed or other property confiscated judgments in Florida good for 20 years and can be renewed for another 20 years after that. Plus, these judgments are accumulating interest every day. So, whatever you do, don’t ignore that lawsuit.

We’ve had a lot of clients that come into the office that are getting garnished, their bank accounts and their paychecks for debts that they ignore 10 years before that they completely forgot about. So, the last thing you want to do is ignore this lawsuit.

At Loan lawyers, we have successfully helped 6000 people eliminate debt and restore peace of mind. We’ve eliminated more than $100 million in consumer debt, and we’ve recovered more than $20 million for debt collector and creditor wrongdoing.

So, if you’re considering just ignoring a lawsuit, consider it again. Call us for your free consultation at 1888 513. That is 1888513

Why You Should Stay Away from Debt Consolidation Companies

Why you should stay away from debt consolidation companies, debt consolidation companies promised to take all your debt and consolidate it into one single low interest rate loan. First of all, often these low interest rate loans are teaser rates that go up after the teaser rate period is over. Often these loans are for a longer extended period of time, meaning you often end up whining, staying in debt much longer with these loans and wind up paying more money in the end, and having your credit ruined for even a longer period of time. If you’re struggling to pay your bills, you’ve been sued for debt.

There are many more practical and affordable ways to get out of debt, have questions or looking for some advice on really how to get out of debt called memorials for your free consultation. We’ve eliminated over $100 million in debt recovered over $20 million for our clients for debt collector violations and have helped more than 6000 people eliminate debt and restore peace of mind.

Call Loan Lawyers at 1888 513 for your free consultation today.

Why Choosing the Right Debt Attorney Will Make a Difference in Your Case

Let me tell you why choosing the right law firm to represent you and your debt or debt lawsuit makes all the difference in the world. When you’ve been sued for debt or you’re struggling to pay your bills, the law firm that you hire can have a dramatic impact on the results that you end up with.

So, you got three types of lawyers, you got your paper pushers who don’t really go to court. You’ve got your litigators who go to court, but they’re not ready to take your case to trial. But then you’ve got your trial lawyers who will take your case to trial if need be. Banks, debt collectors, credit card companies and their lawyers know which law firms take cases to trial and which don’t.

When negotiating with banks and creditors. If the lawyer doesn’t take cases to trial, there’s simply no way to have proper leverage against the debt collector, and therefore to maximize the client results. And believe me, the banks, the creditors, and their lawyers all know who they can take advantage of and who they can.

At Loan Lawyers, we are battle proven trial lawyers, we litigated 1000s of consumer cases and have handled over 200 consumer debt and foreclosure trials. When banks, debt collectors and credit card companies violate our clients’ rights, we sue them and we hold them accountable. Our success and reputation in the courtroom put us in a unique position to maximize leverage and negotiating power for our clients achieving the best possible results for their case.

So, if you’re struggling to pay your bills, or you’ve been sued for debt or foreclosure call loan lawyers now for a free consultation, we’ve eliminated over $100 million in debt saved over 2000 homes from foreclosure and recovered over $20 million for our clients for debt collector violations. And we’ve helped more than 6000 people eliminate debt and restore peace of mind. Call us at 1888 513 for your free consultation, or visit us on the web at fight13.com.

What to do if You’re Struggling with Your Mortgage Payments

If you’re struggling to pay your mortgage, would you do next is critical to you and your family’s security and future. There are several options that are available to you. If you’re struggling to pay your mortgage such as forbearance, loan modification, foreclosure defense, or even a chapter 13 bankruptcy. These are all possible options that may be able to help. It’s essential that you work on trying to find a solution to the problem as quickly as possible, regardless of what financial situation you may be in. And remember, despite what the banks may tell you, they’re there for their executives and their profit. They’re not there to help you, they’re not your friend.

Their first and foremost concern is making as much money for themselves as they can. And they will always put their interest before yours. As we witnessed in 2009, the end of forbearance periods came along with an unprecedented number of foreclosure filings and a crash of the housing market. rather than wait for the treasured amount.

Find an attorney now who can help you understand your options. Choosing a law firm who’s experienced and navigating each of these viable options is going to bring you the best result and can make the difference between you saving your home and not.

If you’re struggling to pay your mortgage and have fallen behind in your mortgage payment, we understand what you’re going through. And then we are here to help and truly grateful to all the lawyers and staff here at loan lawyers.

Why All Mortgage Modification Lawyers Are NOT the Same

Behind on your loan, and considering a loan modification, here’s the dirty little secret about your loan servicer that they don’t want you to know. The longer you stay in default, the more money your loan servicer as the ability to make, the longer you stay in default, the more fees late charges and other costs, they get to rack up on your law. In fact, the very nature of loan servicing is that they maximize their profits when people stop paying their mortgage.

That’s because the longer they keep your loan in default, the higher fees they can charge and the more money they’re ultimately going to make. Not only that loan services actually get a percentage of the mortgage payments that people are not making. They know that ultimately if you get foreclosed on, they’re going to get paid in full from the foreclosure sale anyway. Therefore, they’re not in a particular hurry to process your loan modification. Ever hear this one before? We’re sorry, but we’re still missing some documents.

Can you please send these things? Again, it’s not uncommon for people to be stuck in loan modification for months or even years accumulating 1000s of dollars in unnecessary late charges and fees, and loan lawyers, we’ve gotten clients to over 2000 modifications when other lawyers oftentimes have been able to do so why is that? Because we understand what respa is? Well, you might be wondering what’s respa? Well, let me tell you something, a lot of other lawyers are also an inroad. respa is, but in our office, we’re actually litigators, we sue loan services in federal court, and there were laws that govern the modification process. And if the bank violates those laws, we may sue them in federal court for you. And the banks know that we’ve done it to them before and we’re gonna do it to them again.

We’ve eliminated over $20 million in mortgage principal and over $100 million in debt. So, if you’re struggling to save your house and you need a loan modification, call the law firm because if the bank tries to take advantage of you, we’re going to take them to the task. Call us now for your 100% free consultation. Call us at 1888 513.

What To Do if Your Homeowners Association Has Filed a Lien Against You

So, your homeowners association has filed a lien against your property and you’re wondering, what do I do next? Well, if the association has filed a lien against you, it’s important that you act quickly. a lien against your property is the first step towards starting the foreclosure process. One option is to reach out to the association and pay them in full for what you owe them. But often, once a land has been filed, you’re no longer able to speak to the association and you have to go to their law firm. While they may be willing to work out some sort of payment plan with you, the association lawyers are notorious for being difficult to reach, and even more difficult to work with.

If you’re able to work something out with them, you have to make sure you get it in writing because anything they tell you over the phone is not going to be enforceable. Also, it’s essential to make sure that they release the lien from your property or they still can foreclose on you. Now, if you’re not in a position to pay the full amount off, there are several options that may be still available to you. One option is to consider a bankruptcy which could help eliminate the lien and you could pay it off over a period of five years. before considering paying the lien off or filing a bankruptcy, we highly recommend that you come to a consumer litigation law firm that will examine all the documents in your case, examine the lien and see if the association has violated the law.

In our experience, the association and their lawyers frequently overlook important consumer laws, and they file improper liens with improper fees which could result in getting your lien removed and even recovering money against them for violating numerous debt collection laws, including the Fair Debt Collection Practices Act. If you’ve had a homeowner’s association lien filed against you called homeowners now for free consultation.

We have extensive experience in getting rid of liens that associations have put on improperly and extensive experience in suing their lawyers for negligence and violating other consumer protection laws. We understand what you’re going through and we’re here to help. We have successfully saved over 2000 homes from foreclosure eliminated $100 million in consumer debt and eliminated $20 million in mortgage principal. So, if you found that your association has filed a lien against you act quickly, call Loan Lawyers now for your 100% free consultation.

Debt collection FAQs

Debt collection

If a debt collection or credit card company sues me, can I just ignore it?

Absolutely not. Even if it’s for a small amount of money, by ignoring the lawsuit, a judgment will usually be entered against you. In addition to this judgment, interest will continue to compile, resulting in a small amount of money continually growing into a bigger and bigger debt. Furthermore, as a result of the judgment, money could be taken from your bank account or your wages could be garnished.

If you have a credit card or other debt that is piling up or you have been sued, call Loan Lawyers for a free consultation to find out how we can help.

A debt collection company sued me for an unpaid credit card bill. Should I file for bankruptcy?

It depends. While bankruptcy may be a good solution to get rid of debts, there may be more effective ways to help without the need for filing bankruptcy. We often use various bankruptcy strategies to help consumers, but also advise them on creative ways to get out of their debt situation without the need to do so. As a general rule, we advise people that bankruptcy should be used as a last resort. We have been very successful in fighting and beating credit card and debt collection companies in court and getting our clients’ debts discharged without the need for bankruptcy. In addition, we frequently recover money on our clients’ behalf due to the violation of multiple state and federal laws by credit card and debt collection companies.

Can a debt collection company call my friends and relatives about my debt?

No. The FDCPA ( Fair Debt Collection Practice Act) strictly prohibits debt collectors from contacting anyone else regarding your debt. You may be entitled to $1,000 per violation, plus actual damages and attorney’s fees.

Debt collectors are calling me all the time, what should I do?

The FDCPA (Fair Debt Collection Practice Act) prohibits debt collectors from harassing you, and whether you owe the debt or not is irrelevant. If you are receiving calls from debt collectors, call us today for a free consultation so we can properly advise you as to what your legal rights are and how you can make money due to debt collector abuse.

Can debt collectors call me at work?

No. Debt collectors are prohibited from calling you at work. If you have a debt collector calling you at work, call us to find out more about how we can help recover money on your behalf due to violations of the FDCPA.

If I am receiving calls from debt collectors, is it easier to just ignore them?

If you are receiving calls from debt collectors for any reason, you should contact Loan Lawyers right away. Often, people feel embarrassed when they owe money and try to avoid the situation by ignoring the phone calls or changing their cellular phones. While this may seem like an easy solution, it may wind up costing you tens of thousands of dollars or more that you could have made due to debt collectors violating the FDCPA (Fair Debt Collection Practice Act) or the TCPA (Telephone Consumer Protection Act).

The FDCPA has a long list of violations that are made by debt collectors on a regular basis, with each claim being worth at least $1,000. Furthermore, the TCPA expressly prohibits collectors from contacting you on your cellular phone without prior consent, with every call resulting in between $500-$1,500 in damages. If you are getting calls from debt collectors, we want to hear from you. These annoying calls could amount to you being entitled to some serious money.

What should I do if I’m receiving text messages on my cellular phone telling about some business specials or other marketing issues?

If you are receiving unsolicited text messages from a business or corporation that is trying to market their products or services, you may be entitled to $500-$1,500 in damages for each message due to violations of the TCPA. Call Loan Lawyers today to find out more.

Foreclosure FAQs

Foreclosure

I was served with a foreclosure lawsuit, what should I do?

If you have been served with a foreclosure lawsuit in Florida, you have 20 days to file a proper legal response in court. You must admit or deny the allegations, raise affirmative defenses, and file whatever counterclaims you may have against the foreclosing bank. Failure to file a legally adequate response could result in a default being entered against you and the loss of your ability to fight the foreclosure. It is highly recommended that you do not try to do this on your own. Schedule an appointment with a local, experienced foreclosure defense lawyer who can help you with this process.

How long does the foreclosure process take?

The answer depends on many factors. If you ignore the foreclosure and don’t hire an experienced attorney to fight for your rights, the bank may be able to complete the process and sell your home in as little as a few months. By hiring an experienced attorney, the foreclosure process could take years. On average, a defended foreclosure usually takes anywhere from 2-3 years or longer.

Do I need to pay my mortgage during the foreclosure process?

No. In fact, once you have defaulted on the mortgage payments and the loan has been accelerated, the bank will no longer accept the mortgage payments. We have had clients that have been living in their homes without paying their mortgage while we have been fighting their foreclosures for 3, 4, or 5 years or longer.

How come the bank that is suing me is not the same bank that I have been making my mortgage payments to?

The good old days where a bank knew its customers by first name and kept their mortgages in house as portfolio loans are long gone. Mortgage loans are now flipped, bought, sold, and packaged into giant investment trusts with thousands of other mortgages that are sold on Wall Street. In fact one of the legal defenses often used to fight these foreclosure actions is that the bank that is purporting to foreclose doesn’t have proper legal standing or authority to do so.

If I haven’t been paying my mortgage, how can I possibly win my foreclosure case?

Banks are greedy. Due to that greed, they often rush through or ignore the proper legal process of closing, servicing, selling, and foreclosing on mortgage loans. The result is often numerous violations of various state and federal laws that are designed to protect homeowners. It is not uncommon to uncover negligence and intentional fraud committed by the banks that an experienced foreclosure lawyer can use to stop and win foreclosure cases.

Can I rent my home while it’s in foreclosure?

Yes. Unless the bank successfully wins the foreclosure case by getting a judgment against you and selling your house at auction, the home belongs to you and you are within your legal rights to live in, rent or use your home for any lawful purpose you choose.

Will filing a bankruptcy stop the sale of or foreclosure on my home?

Yes. Once a bankruptcy is filed, a stay order will be issued resulting in the halting of underlying foreclosure procedures. It is important to speak to an attorney knowledgeable in both bankruptcy and foreclosure law prior to doing so, as there are many different situations that may affect your legal rights, and you want to make sure that you make an educated decision first.

Should I file a bankruptcy if a foreclosure lawsuit is filed against me?

The answer to this question really depends. It is highly advisable that you speak to an attorney that is experienced in both foreclosure defense as well as bankruptcy. Oftentimes, South Florida homeowners are given whatever legal strategy the lawyer they speak to practices within, often resulting in a less than desirable or horrific outcome. While a Chapter 13 bankruptcy may be a good strategic tool to use to ensure the maximum benefit for the homeowner, it shouldn’t be implemented to stop a foreclosure unless it is the right situation and at the right strategic time.

If you’re contemplating filing bankruptcy or you’ve been told by a bankruptcy lawyer to file bankruptcy to stop a foreclosure,contact Loan Lawyers for a free consultation to make sure that the correct combination of legal strategies are used for your situation.

What Should You Do If Sued for Foreclosure?

So, you’ve been sued for foreclosure, and you’re wondering what to do next. So, when you sued for foreclosure Time is of the essence, you only have 20 days to file a proper, legally sufficient response with the court or judgment can be entered against you for the full amount of the lawsuit, and you could lose your home in as little as 30 days. Unfortunately, just writing a letter to the judge advising the court of your financial hardship or desire to keep your home is not going to help. It’s important that when responding to the lawsuit, you address each of the individual claims in the lawsuit by properly admitting or denying them.

You also want to make sure you raise whatever affirmative defenses are applicable to your situation, and file any counterclaims against the bank as well. If you fall behind on your payments, we recommend that you begin understanding all of your options and the decisions you have to make. making these decisions under pressure is never ideal. So, if you’ve fallen behind on payments, and you’re concerned about losing your home, contact us we may be able to help you.

If you’ve been sued for foreclosure, and you’re looking for advice on what options are, then loan lawyers is here for you. We’re going to give you a free consultation. We understand what you’re going through and we are here to help. We’ve saved over 2000 homes for foreclosure. We’ve won over $20 million dollars in lawsuits against banks and loan servicers for violations. We’ve eliminated over $100 million in consumer debt, and we’ve helped 6000 people in Florida to get out of debt and restore their peace of mind.

Why it’s Important to Never Ignore a Foreclosure Lawsuit

Why you should never ignore a foreclosure lawsuit. If a foreclosure action is filed against you, and you just want to let the property go, you still cannot ignore the lawsuit. The reason is, because if you don’t file a proper, legally sufficient response, within 20 days, a judgment can be entered against you, and the house can be sold. But that’s not the end of it.

If the house doesn’t sell at public auction for an amount to cover the full judgment, guess what you’re personally liable under most circumstances, and the bank can come after you. They can execute against your bank account; they can execute against other assets you may have. And in Florida, a judgment against you personally is alive for 20 years, and it can even be renewed for another 20 years. So it’s going to come back to bite you if you just ignore it.

The last thing you want to do is let the bank get a deficiency judgment against you. Even if you don’t care about the property anymore. Even if you just want to let the property go for whatever reason, you still want to make sure that you are not going to be personally liable for the judgment. And lawyers.

We have a lot of experience in helping people not only save their homes, but also people eliminate their deficiency liability. Hi, my name is roll in thing God. We’re here with long lawyers, we’ve been blessed thing God to get them to know them. And me and my wife were very happy with what was going on in a matter of three weeks.

Why It’s Important to Choose the RIGHT Law Firm to Assist With Your Foreclosure

So, look, you’re being sued for foreclosure, you’re getting advertisements all over the place. And you’re wondering, how do I choose the right law firm? Well, you got three different types of lawyers when it comes to defending foreclosure cases, you’ve got your delayers, your delayers are just gonna file some basic motions, push everything off as long as they can. But at the end of the day, they’re not going to really fight for you, then you’ve got your litigators, your litigators will probably put up a decent fight up to a certain point of time. But when it comes to the trial, if they’re not actual trial attorneys, you’re putting yourself at a disadvantage. And they may also be telling you, you should just consent to the foreclosure and let the bank take your house. But when you hire a trial lawyer, somebody that has a proven track record of success in court, you’re going to put yourself in the best position you possibly can.

Anytime you’re interviewing the lawyer to help save your home, you should ask them, How many trials have you actually done? How many cases have you actually won, show me proof. And if they can’t tell you how many trials they’ve done, and they can’t show you any proof of anything that they’ve been able to accomplish for other clients in the past, you should probably walk out thank them for their time and move on to the next law firm, and loan lawyers. We’ve helped 1000s of people save their homes, we’ve been to trial hundreds of times. We are real trial lawyers. And when the banks take advantage of our clients, we may be able to take them to task and actually sue them in federal court. It’s a completely different level of representation.

So, look, if you’re struggling to save your home and you’re behind on your mortgage, don’t mess around your home is your biggest asset. This is where your family sleeps every night. Don’t take any chances call lawyers today. Our phone number is 1888 513. That’s 1888513. We’re going to give you a free consultation. We’ve helped over 2000 people save their homes. We’ve eliminated over $20 million in mortgage principal and over $100 million in consumer debt. So don’t take any chances. Call Loan Lawyers today for your free consultation.

4 Essential Laws You Should Know About if You’re in Foreclosure

So you’re worried about being put in foreclosure or maybe the foreclosure process has already started against you. So there are four federal laws that you need to be aware of. Number one is the Fair Debt Collection Practices Act. If the bank has harassed, you come after you for money, you really don’t know or done some other conduct that violates the Fair Debt Collection Practices Act, you may be able to sue them in federal court. In addition to that, there’s respa, the real estate settlement Procedures Act.

These are regulations that govern not only bank loan servicing but govern the foreclosure process and the loss mitigation process. If the bank violates respa, by not treating your modification the way they’re supposed to beginning the process of foreclosure to or learning or violating some other servicing regulation, you may be able to sue the bank or the loan servicer in federal court. And these are tools that may be used to help save your home. In addition, there’s a Fair Credit Reporting Act, there are regulations in place to determine how the bank is allowed to report missed and late payments on your loan to the three credit bureaus.

And if they violate the Fair Credit Reporting Act, that’s another law that you may be able to use to your advantage and sue them in federal court. In addition to that, there’s also the unfair and deceptive Trade Practices Act.

If your loan servicer or bank has done something deceptive or unfair, which violates the statute, this is yet another cause of action that you may be able to use to your advantage in defending your foreclosure case. Now, the right lawyer is going to talk to you about these four statutes and talk to you about your rights. Not only that the right lawyer is going to make sure that if any of these laws have been violated, that they’re not only going to be able to spot it, but they’re going to be able to sue in federal court or potentially state court to redress these violations. And if you don’t have a lawyer with experience in prosecuting these cases and going to trial and beating the banks and taking them to task, you’re probably not at the right law firm.

At our office, we are well versed in all four of these laws and other consumer protection laws both at the state and federal level that we may be able to use to save your home. We’ve actually recovered over $20 million dollars for mortgage servicing violations and eliminated over $100 million in debt. So if you’re a lawyer that’s not talking to you about these statutes call us Let’s talk to you about how these laws may be able to be used in your situation to save your home. Call us for your free consultation.