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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…

Our firm litigates many consumer-protection cases and one of the laws we often use to protect members of the public is called the Fair Debt Collection Practices Act, more commonly known as the “FDCPA”. The FDCPA provides for debt collectors who engage in certain harassing conduct to pay their victims….

How a client ultimately ended up in foreclosure is oftentimes a sticking point for many of them. In some instances, it’s because a series of unfortunate events occurred – a death in the family, unexpected medical expenses, or loss of income. Other times, it’s because of the Bank’s incompetence that…

The United States District of New Jersey reinforced prior Court holdings that a plaintiff’s alleged revocation of consent must be reasonable not absurd. In Viggiano v. Kohl’s Department Store, Inc., No. 17-0243 (D.N.J. Nov. 27, 2017), the Court found the plaintiff did not reasonably revoked her consent from unwanted text…

If you are being sued by creditors for debts you owe, the end result may be wage garnishment or bank levies, which may have a devastating impact on your life. If you are facing this situation, chances are you cannot afford to have bank accounts seized or 25 percent of…

I’ve had a couple of clients recently who had similar stories that I wanted to share. They both took out a mortgage to finance purchasing their home. The loans were originally escrowed, meaning property taxes and insurance were bundled together as part of the mortgage payment. Many lenders and mortgage…