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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…

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…

Cecilia Altonaga, a Federal Judge located in Miami-Dade County recently entered an injunction ceasing the operations of eleven different companies who were preying on members of the public in Florida. Pam Bondi, the Attorney General for the state of Florida brought an action against a number of companies and individuals…

On April 20, 2017, the CFPB sued one of the country’s largest non-bank mortgage loan servicers, Ocwen Financial Corporation (simply referred to as “Ocwen”)[1], and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” See CFPB v. Ocwen, 17-cv-80495-KAM (S.D. Fl. 2017) at ECF 1. The Bureau…

ecently, I had the pleasure of assisting one of our clients by overturning a final judgment entered against her. Unfortunately, we had to take her case to the Appellate Court, but thankfully, the bank confessed it was an error to have judgment entered against our client and agreed to reverse…

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…