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The United States Middle District of Florida recently denied Navient Solutions, LLC motion for partial summary judgment based on the argument that student loan servicers servicing government student loans, like Navient Solutions, LLC, are not shielded from actions violating the Telephone Consumer Protection Act (TCPA). This determination stems from the FCC’s…

Many people, including Lawyers and Judges, discuss “paragraph 22” as a defense. This is a condition precedent to foreclose in the State of Florida, where the Bank is required to send the homeowners a notice of default prior to filing a foreclosure case. In the Home Owners Association (HOA) context,…

A federal law, the Fair Credit Reporting Act (FCRA), protects consumers by providing them with many rights related to the collection and dissemination of their credit history. If a credit reporting agency (CRA) or other entity violates the FCRA, an individual may suffer some harm, typically economic. Inaccurate information on…

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…

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…

Student loan debtors do have options in solving any problems with repaying student loans. If such debtors are overwhelmed or unable to afford a monthly payment, they should immediately contact the loan servicer. The servicer should provide information regarding any available and recommended options to reduce or postpone a payment…