Success Stories

Loan Lawyers had two clients who found themselves in a similar predicament. They had a scheduled court ordered sale date on their home while the bank was actively reviewing their application to modify their mortgage. The bank argued that they were only days away from having a decision and moved to cancel the sale of the home, unfortunately the court would not agree to canceling the sale.

The only way in which the borrowers could cancel the respective sale of their homes was by filing for bankruptcy. The filing of a bankruptcy stays all collection activity including the sale of a home. The bankruptcy court has initiated the mortgage modification mediation program. Essentially, it allows those in bankruptcy to apply for a modification through their bankruptcy case.

Luckily for these clients, they did not have to reapply for a modification through the court’s modification program. Within weeks of filing their respective bankruptcies, they were approved for a modification which they applied for prior to filing the bankruptcy and were able to save their homes.

For the first client, the foreclosure was her only debt which needed to be addressed through her bankruptcy filing. We were able to dismiss her case as there was purpose for her to stay in a bankruptcy – now that she saved her home and had no other substantial debt to address.

The second client elected to remain in his bankruptcy. He was behind on his homeowners association who had threatened to put him into foreclosure. Remaining in a Chapter 13, allowed him to remove the lien the association had placed against his home. By staying in the bankruptcy, he was able to save his home and address his credit card debt. Chapter 13 allowed the opportunity to round up his creditors and deal with them in a unified manner.

Plaintiff, American Home Mortgage Servicing, filed their complaint on 11/15/11. The Complaint alleged that the Plaintiff was the holder and a default date of 1/1/10. Plaintiff also included a reformation count, as the legal description in the mortgage was wrong. The legal description was a completely different from the correct description (Racquet Club Apartments… compared to Stoneridge Lakes Estates…). Attached to the Complaint was a Note payable to Home Banc Mortgage Corporation with no visible indorsement, a Mortgage that included paragraph 22, and an Assignment of Mortgage from American Home Mortgage Servicing as agent for Home Banc Mortgage Corp to American Home Mortgage Servicing.

Defendant filed a Motion to Dismiss, which was denied. On 4/17/11, Plaintiff filed a voluntary dismissal of their reformation count. Defendant propounded discovery and filed their Answer and Affirmative Defenses on 4/27/12. On 3/28/14, Plaintiff filed a Motion to Substitute Party Plaintiff, changing the Plaintiff from American Home Mortgage Servicing to Ocwen Loan Servicing. An Agreed Order to that effect was entered on 7/24/14. The case was set for trial and rescheduled several times. Ultimately, trial occurred on 5/26/15.

At trial, the Defendant moved for involuntary dismissal, based on Plaintiff’s failure to prove reformation of the legal description or in the alternative, that the Plaintiff was foreclosing on the wrong legal description, and for failure to comply with paragraph 22 conditions precedent. The court granted the dismissal and Plaintiff filed a Motion for Rehearing on 6/10/15.

Plaintiff’s Motion for Rehearing argued that the Court did not have jurisdiction to consider reformation, but if it did, Plaintiff put forth sufficient evidence of reformation, and that the Plaintiff put forth sufficient evidence of a routine business practice to establish compliance with condition precedent. Defendant responded to the Motion for Rehearing by arguing that if the Court lacked jurisdiction, than Plaintiff would admittedly be foreclosing on the wrong property. Additionally, the Defendant’s response argued that the Plaintiff put forth only minimal evidence of intent of the parties as it pertains to the reformation of the legal description. Specifically, the Plaintiff’s witness offered no testimony and the only evidence before the Court was the actual note and mortgage, which was insufficient to prove a different legal description was intended. Finally, the Defendant argued proof of mailing a prior demand letter was not proof of mailing the material demand letter. Moreover, the witness was not able to establish a routine business practice as the witness was not familiar with the vendor’s policies and procedures for mailing out a demand letter sufficient enough to warrant a finding that mailing the letter was routine practice for the vendor.

On 9/10/15 the Court denied Plaintiff’s Motion for Rehearing and Defendant filed their Motion for Attorney’s Fees and Costs. The parties are in the process of negotiating fees, however the client is ultimately happy with the outcome.

A married couple with a young child retained Loan Lawyers in January of 2017, after a final judgment of foreclosure had already been entered against them and a future foreclosure sale date of March 6, 2017 had been set by the Court. Our team of staff at Loan Lawyers worked diligently with our newly retained clients to be able to compile and submit a complete loan modification application package to the mortgage lender’s loan servicer by January 30, 2017.

Despite having submitted a complete loan modification application package, the mortgage lender never provided Loan Lawyers any timely written communication stating whether the loan modification application package was actually deemed complete or incomplete. Pursuant to the federal Real Estate Settlement Procedures Act, a mortgage lender or its loan servicer must provide the borrower, or the borrower’s attorney if the borrower has retained legal counsel, a timely written notice after receipt of a loan modification application package stating whether the application is complete or incomplete. If the application is deemed incomplete, the written notice must specify the additional documents and/or information that the borrower must submit in order for the loan modification application package to be deemed complete.

On February 24, 2017, Loan Lawyers therefore issued a written notice of error to the mortgage lender’s loan servicer advising that the loan servicer was not acting in compliance with the federal Real Estate Settlement Procedures Act because the loan servicer had failed to provide the required, timely written notice stating whether our clients’ loan modification application package was deemed complete or incomplete. Also on February 24, 2017, Loan Lawyers, LLC filed with the Court a motion to cancel the upcoming March 6, 2017 foreclosure sale, due to our clients’ submitted loan modification application package to which we had not yet received any timely reply as to whether it was deemed complete or incomplete.

On the same day that Loan Lawyers issued the written notice of error and filed the motion to cancel the upcoming foreclosure sale, we received a reply notice through the mortgage lender’s attorney stating that our clients’ loan modification application package was deemed complete and that no additional documentation was necessary for the loan servicer to complete its review of our clients’ loan modification application package.

Just three days later on February 27, 2017, our clients were approved by the mortgage lender for a permanent loan modification, and the mortgage lender agreed to cancellation of the March 6, 2017 foreclosure sale. Through the diligence of our team of competent staff and our attorneys’ extensive knowledge and experience in the realm of mortgage foreclosures, Loan Lawyers was successfully able to obtain a permanent loan modification for our clients and a cancellation of the foreclosure sale of our clients’ home, within less than a month from the date that our clients’ loan modification application package was submitted to the mortgage lender’s loan servicer.

To qualify for Chapter 7 straight bankruptcy, debtors must earn less than the state’s median income. If the income is above the median, the debtor may still qualify for Chapter 7 if he or she passes the Means Test or the majority of debt is business-related. The client exceeds Florida’s median income by almost $36,000 yet was able to pass the Means Test, qualify for Chapter 7 and discharge over $228,000 worth of debt, without having to repay any debts or give up any assets.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813),

Results may not be typical. You may not have as beneficial a result.

We have written a consumer amount about how we have helped people beat credit card companies and debt buyers. Our office also assists people who have been the subject of debt collection activities as to car loans. Our client’s vehicle was repossessed some time ago and several years later a debt-buyer sued them over it. Yet upon an examination of the sale documents, it was realized that the vehicle was only sold for a tiny fraction of its value and what is worse, not at a public auction but to some unknown, mystery buyer.

If the owner of the auto-loan fraudulently sold the vehicle, then the lawsuit against our client was for the wrong amount. We filed a counter-lawsuit accusing the debt-buyer of misconduct. In the end, they agreed to leave our client alone and the matter has been resolved to our client’s satisfaction.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence, and fraud.

Contact us for a free consultation to see how we may be able to help you.

Results may not be typical. You may not have as beneficial a result.

Chapter 13 bankruptcy is complex and complicated. Periodically, debtors file for bankruptcy relief pro se, which means they file without attorney representation. The vast majority of those cases get dismissed because the debtor did not file the correct paperwork, submit the appropriate documentation, or devise a confirmable repayment plan. Client started off as a pro se filer, attended two meetings of creditors, which were not conducted by the trustee. Client also proposed a plan that would have done nothing to accomplish her goal (which is to try to save her home), and everyone, including the debtor, lender, and trustee were becoming frustrated in the process. Client retained us and we quickly filed a confirmable amended plan and applied for a mortgage modification. Client is now on track.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813).

Results may not be typical. You may not have as beneficial a result.

A client filed a chapter 7 bankruptcy case and after three short months, was able to discharge $55,000 worth of debt and get rid of a final judgment lien in a credit card debt case in the amount of $11,000, which was impairing client’s homestead exemption and clouding title. The client was able to clear title by way of a bankruptcy court order, sell her home to buy a comfortable apartment, and get a fresh start.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813).

Results may not be typical. You may not have as beneficial a result.

A client filed chapter 13 bankruptcy and was confirmed. In the middle of the bankruptcy case, the client decided to sell his home and obtained court approval to do so. Client received over $50,000 from the sale of his home, after closing costs and mortgage payoffs, and completed his bankruptcy repayment plan making the regular monthly payments that he proposed, thereby freeing himself of debt, ready to enjoy his retirement without the stress and burden of being weighed down by debt.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813).

Results may not be typical. You may not have as beneficial a result.

The clients defaulted on their mortgage over five years ago. They filed bankruptcy previously, canceled four foreclosure sales, applied for mortgage modifications twice previously and the bank denied the modification request both times. Clients continued making good faith mortgage payments to the lender through the chapter 13 case to lower the balance owed on the mortgage. The client subsequently filed another chapter 13 and reapplied for a mortgage modification. This time around, clients were offered a modification and were able to save their family home.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you. Call us at 1-888-Fight13 (344-4813).

Results may not be typical. You may not have as beneficial a result.