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I often meet with individuals who are shocked because they recently found out that a lawsuit had been filed against them months or even years earlier. They came to find out about the action after the plaintiff obtained a final judgment and was attempting to collect on the judgment. There…

One of the many differences between a chapter 7 and chapter 13 bankruptcy is that; the filing of a chapter 13 bankruptcy allows the debtor to retain its unexempt assets while making payments towards its creditors. The percentage that is paid back to the creditors ranges from one percent to…

The Fair Credit Reporting Act (FCRA) protects consumers by providing them with rights related to the collection and dissemination of their credit history. States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, individuals may have more rights under state law. Here is…

A 2016, U.S. Supreme Court case, Spokeo v. Robins, in a 6-2 vote, ruled that individuals suing under the Fair Credit Reporting Act must demonstrate “concrete” harm rather than merely allege the existence of a technical legal violation of the statute. This supports the view that simply listing the elements of a statutory claim…

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…

Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer that can assist you in…

A recent U.S. Foreclosure Market Data report published and released by ATTOM Data Solutions indicates that foreclosure activity in the United States for April 2017 was the lowest in the country since November 2005. Foreclosure filings declined 7% from March 2017 and dropped 23% from last April. A foreclosure filing…