[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/have-an-issue-with-your-servicer-we-may-be-able-to-help#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/have-an-issue-with-your-servicer-we-may-be-able-to-help","headline":"Have an Issue With Your Servicer? We May Be Able to Help!","name":"Have an Issue With Your Servicer? We May Be Able to Help!","description":"It is well established that consumer protection statutes are to be \u201cconstrued liberally in order to best serve Congress\u2019 intent\u201d in affording consumers the maximum level of protection available.\u00a0See McLean v. GMAC Mortg. Corp., 398 F.App\u2019x. 467, 471 (11th Cir. 2010)(citing\u00a0Ellis v. Gen. Motors Acceptance Corp., 160 F.3d 703, 707...","datePublished":"2017-08-28","dateModified":"2025-09-19","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/beach.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/beach.jpg","height":544,"width":800},"url":"https:\/\/www.fight13.com\/have-an-issue-with-your-servicer-we-may-be-able-to-help","about":["Debt Collection Harassment and Abuse (FDCPA)"],"wordCount":552,"keywords":["fdcpa"],"articleBody":"It is well established that consumer protection statutes are to be \u201cconstrued liberally in order to best serve Congress\u2019 intent\u201d in affording consumers the maximum level of protection available.\u00a0See McLean v. GMAC Mortg. Corp., 398 F.App\u2019x. 467, 471 (11th Cir. 2010)(citing\u00a0Ellis v. Gen. Motors Acceptance Corp., 160 F.3d 703, 707 (11th Cir. 1998);\u00a0see\u00a0also\u00a0Agrelo v. Affinity Mgmt. Servs., LLC, 841 F.3d 944, 950 (11th Cir. 2016).RESPA is by-far one of the most widely recognized and perhaps the most cited consumer protection statute used by consumers and their counsel, when taking an offensive approach against a mortgage servicer\u2019s improprieties. RESPA imposes duties on loan \u201cservicers\u201d for the purpose of protecting consumers.\u00a0Thomas v. US Bank Nat\u2019l Ass\u2019n, 675 F. App\u2019x 892, 899 (11th Cir. 2017).As such, the broad brush strokes of RESPA cover areas from the unexplained imposition of fees, kickbacks, dual tracking, TILSA-RESPA Integrated Disclosure (TRID) rule violations, Mortgage Loan Origination Violations, and Duplicative Insurance Litigation, among others. The administrative agency tasked with enforcing RESPA is known as the Consumer Financial Protection Bureau (\u201cCFPB\u201d). However, private attorneys like Loan Lawyers, LLC are endowed by Congress with the powers of attorneys general in furtherance of casting the widest net possible in consumer finance regulatory practices.Again, RESPA is designed to afford consumers maximum protections. For example, servicers must disclose in writing, pertinent information about your loan when properly requested (12 C.F.R. \u00a71024.36); and servicers must also respond in writing to your assertions regarding any potential errors in their servicing of your consumer mortgage loan(s) (12 C.F.R. \u00a71024.35). As a result, RESPA cases are usually hotly contested by servicers. More often than not, RESPA cases turn on technicalities and details. A federal case under RESPA may be won or lost by virtue of a single letter going to the wrong address, or by pleadings defects which result in a dismissal for failing to properly enunciate the cause of action upon which your case is filed and under which you are seeking relief. Courts throughout the Eleventh Circuit (of which Florida is part) have made clear that in that RESPA cases servicers must comply with the regulations and underlying security instruments associated with the residential property at issue. Likewise, the Courts also demand consumers strictly comply with the regulations, law and loan instruments. Click for more information about FDCPA.Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. Contact us to see how we may be able to help you.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Have an Issue With Your Servicer? 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