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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…

At Loan Lawyers, we pay close attention to all changes to the law in the area of consumer protection, not only the good. You may have read the blog entry we wrote for March of this year about how the changing political climate may affect the rulemaking authority of the…

You might not have guessed it, but litigating a lawsuit involves a balance between knowing when to fight and knowing when to strike a deal. If you fight over every minor issue, you might gain some traction and further your case, but you also run the risk of burning some…

Following up on the United States Court of Appeals for the Second Circuit holding, which stated that black letter contract law does not allow a party to revoke consent under the TCPA without the consent of the counterpart to the contact. Reyes v. Lincoln Automotive Fin. Servs., No. 16-2104 (2d…

A lien gives a creditor the legal right to seize and sell the collateral property of a borrower who has defaulted on a loan. A judgment or judicial lien is a lien placed against the property by court order, typically as the result of a lawsuit against an individual who…