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Once a bankruptcy case is filed, most creditors are instantly prohibited from continuing collection efforts against a bankruptcy debtor by the “automatic stay.” Car lenders are included in the list of creditors who, because of the automatic stay, may neither commence nor continue collection efforts against a bankruptcy debtor. The…

You’ve probably heard the phrase “power of attorney” before. Some of you may even have a power of attorney, to help take care of a friend or loved one. A power of attorney can do many things, but in the simplest form, it is the authorization to represent another concerning…

In Florida, the final judgment in a foreclosure case is the written determination by the presiding judge of whether the plaintiff will be able to sell the house at a foreclosure auction, amongst other things. It contains a final determination of the issues in the case. Unless it’s appealed, the…

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…