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As many of you know, the bank that you borrow money from for a mortgage isn’t always the same bank that you end up making your mortgage payments to. Somewhere along the lines, the banks decided that they would bundle mortgages together, and sell them around on the open market….

The United States House of Representatives will be voting on a bill in early March 2018, which would exempt lawyers from the definition of “debt collector” under the FDCPA. Under H.R. 4550, lawyers would be exempt from the definition of “debt collector” under the FDCPA if they are: serving, filing,…

Benjamin Franklin said there were only two things certain in life: death and taxes. After all, it was not murder or racketeering but rather, tax evasion, that ultimately led to Al Capone’s capture. There is no question tax debt can be a source of sleep deprivation for many. I find…

It is not uncommon here at Loan Lawyers to encounter well-meaning consumers who have been taken advantage of by unscrupulous payday lenders. These payday lenders commonly advertise their services as helpful “bridge loans” in order to deal with unexpected expenses or simply to get customers from one pay period to…

If you go into default on your loans or fall behind on payments, your lender may be able to repossess any property associated with the loan or offer it as collateral, such as an automobile. In many cases, your lender is permitted to do so and either hold onto the…

An interesting class action lawsuit from Miami-Dade County was recently dismissed. The name of the plaintiff was changed in this entry because this was a local case and we do not want to bring unnecessary attention to the litigant, who may well appeal the decision. The essential facts of the…

I was recently fortunate enough to represent a family going through the foreclosure process and succeed in defending their home at trial. The bank ultimately lost on their failure to prove what is called a “condition precedent” – an obligation on behalf of the bank that must be satisfied before…

The United States District Court for the Southern District of Florida recently held that Ocwen Loan Servicing, LLC violated the Telephone Consumer Protection Act (TCPA) by calling an individual’s cell phone using an automatic dialer system without his consent. In Jones v. Ocwen Loan Servicing, LLC, Case No.: 0:16-cv-62967 (S.D….

Statute of limitations on mortgage debt in Florida You may have heard at some time someone mention the term “statute of limitations” but may not have understood what that term actually means. “Statute of limitations” is a legal term referring to the period of time by law within which someone…