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Recently, I have been reading a number of opinions throughout the 11th Circuit, and Southern District of Florida, which bear the names of uniquely Haitian families. In each of the cases the borrower Plaintiffs did not succeed on their claims under the Real Estate Settlement Procedures Act (RESPA), and in…

Chapter 13 debtors may keep motor vehicles that are the collateral for a loan in a Chapter 13 bankruptcy case. Debtors that are current may continue to make monthly payments on the loan inside or outside of their Chapter 13 repayment plan. Debtors that are not current may pay any…

Consumers are not without allies in their fight against unscrupulous debt collectors. A qualified and experienced debt collection defense attorney may assist any consumer in fighting unscrupulous lenders typically equipped with an arsenal of legal resources to harass and sue consumers for alleged unpaid credit card debts. Many debts are…

“A qualified written request asserts an error relating to the servicing of a mortgage loan and is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request.” 12 C.F.R. §1024.35(a). In…

Oftentimes, third-party purchasers seek representation in a foreclosure case. This normally occurs when a homeowner’s association foreclosed on a subordinate lien, the property goes to auction, and the property is sold to a third-party purchaser. Subsequent to the sale, the Bank files a foreclosure action against the borrowers on the…

Once a case for an unpaid debt goes to trial unless the creditor has insufficient evidence in the form of payment records or the alleged obligor has presented evidence of payment, the expiration of the statute of limitations, or some other defense, judgment for the creditor may be inevitable. Once…

Unlike a standard mortgage where the borrowing homeowner must repay the mortgage loan by making monthly mortgage payments to the lender, the lender of a reverse mortgage actually pays the borrowing homeowner by extending a line of credit. The purpose behind a reverse mortgage is to allow the borrowing homeowner…

Credit card companies generally don’t forget about the unpaid obligations of their cardholders. Eventually, they will file a civil lawsuit to obtain a judgment for an unpaid debt or obligation. Once a defendant is served, he or she only has 20 to 30 days to prepare and file a response…

Anyone with credit card debt should never ignore a creditor’s attempts to collect an unpaid debt. The likely result is that in the near future, the creditor will attempt to collect the debt by filing a lawsuit. The creditor will then serve the obligor for the debt (and now the…