Success Stories

This is a huge opinion with huge implications. We sued Fannie Mae on a two count complaint. I will address both counts, but I will start with the most significant, Count II. We sued Fannie Mae in Count II for the servicer’s (Seterus) failure to respond to a pay-off request. We sued for a violation of Regulation Z, section § 226.36(c). We argued that liability and private cause of action rests in 15 U.S.C. § 1639(l)(2) which states “The Bureau, by regulation or order, shall prohibit acts or practices in connection with mortgage loans that the Bureau finds to be unfair, deceptive or designed to evade the provisions.” Well, a violation of § 226.36(c) has been found by the Board to be unfair. Therefore, there should a private right of action. This argument gets fairly technical so I won’t bore you with the gory details, but you can click the link at the end of this post and read the order for yourself. There has never been a court in this country that has found a loan owner liable for this violation of this section until this TILA lawsuit filed by Loan Lawyers. This is a huge opinion and should open the floodgates to further litigation against the banks who continue to ignore the law and violate borrower rights. Will other lawyers start to sue banks for TILA violations???? Hello…wake up my legal brethren and start standing up for your clients’ rights!

On to Count I. This count was unfortunately dismissed, but we have filed a motion for reconsideration and we expect that the court will reverse itself on this issue. We sent a request to Seterus asking for the name, address, and phone number of the master servicer. The response that Seterus sent said that Fannie Mae “contracted with Seterus to collect payments and respond to inquiries regarding the loan.” However, the response did not state that they were the master servicer. The court found that the language used was sufficient to show that Seterus was the master servicer of the loan. The basis for our argument is that the MERS print-out stats that Seterus is the sub-servicer not the master servicer. Also somewhat of a technical argument and one which we expect to prevail on. So, did Fannie Mae mislead the court into believing that Seterus was the master servicer? We’ll find out one way or another and if so, Fannie Mae will be in a lot of trouble with the court.

If you are in foreclosure and paying a lawyer to represent you, ask yourself “Is my lawyer looking for violations of TILA and other consumer protection statutes and willing to sue the bank on a contingency fee basis?” If the answer is “no”, its probably time to look for a lawyer who is not afraid to fight the bank in court and take your case all the way.

Our foreclosure lawyers offer free consultations in Fort Lauderdale / Plantation, Delray Beach, North Miami Beach, and Coral Gables. We offer affordable payment plans and all of our plaintiff consumer cases are handled on a contingency fee basis, so there are no fees or costs unless we are successful in obtaining a recovery for you.

Your house is too important to trust to someone who is not properly equipped and trained to represent you in foreclosure proceedings. Our foreclosure attorneys have the skills and experience to effectively fight for you. We handle cases in all Florida counties, not just Broward, Miami-Dade and Palm Beach. Call us today at 1-888-FIGHT-13 to schedule your FREE consultation with one of our lawyers.

D.H came to Loan Lawyers seeking foreclosure defense against his Lender. He was facing foreclosure of his homestead by the lender. This was the second time the lender filed a foreclosure action. Our office immediately jumped into the case and litigated the file. We filed a very aggressive Answer with multiple Affirmative Defenses which immediately caught the attention of the opposing counsel. The opposing counsel attempted to obtain a quick judgment by filing a Motion for Summary Judgment. We filed a very aggressive opposition and an affidavit in support of our opposition and the Lender immediately cancelled their Motion for Summary Judgment hearing because they wanted time to sort it out! We effectively saved our client’s home by drafting well thought out and an aggressive opposition to the Banks motion.

The key to defending against these motions in very bank friendly area, is to not leave any stone unturned. Substantive and procedural issues need to be analyzed and articulated in an opposition to the Banks case in chief. We immediately asked our client to come to the office and drafted an Affidavit in Support of our Motion for Summary Judgment. The plan is to file the Motion immediately, while the Bank ponders their own motion, with the hope of entering Judgment for our client. With an aggressive and strategic approach, we plan to dismiss this case and save our clients home.

Loan Lawyers has saved over 1,500 homes in South Florida from foreclosure, eliminated over $100 million dollars in mortgage principal and consumer debt, and collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations. Contact Loan Lawyers to find out how we may be able to help you. Results may not be typical. You may not have as beneficial a result.

Client was facing foreclosure from his HOA for failure to pay past due assessments. We defended this foreclosure, filed the appropriate Answer and Affirmative defenses, and filed a Motion for Mediation. Our client did in fact fail to pay his homeowners assessments, but it was obvious the HOA did not want to litigate against our firm and agreed to attend the mediation. At the mediation, we successfully negotiated a huge reduction in what the HOA claimed was due and owing. Our client was very happy and continues to live in his house due to our hard work. If you or someone you know is facing foreclosure by a HOA, please contact us immediately. There is a lot of work that has to occur right off the bat in order to properly posture the case to either dismiss the HOA’s foreclosure case or enter into a very favorable settlement with the HOA in lieu of a foreclosure judgment.

Congratulations to our associate Chezky Rodal. He is suing Bank of America in Broward County, Florida for debt collection violations and the court is allowing him to pursue punitive damages. Our clients were paying their mortgage on time every month. Bank of America started sending letters that they were accelerating the mortgage and was about to put them into foreclosure. They sent proof that they made all of their payments to the bank who completely ignored the fact that the clients had cancelled checks. The foreclosure threat was always hanging over our clients’ head. This went on for about one and half years. Our clients made over 700 calls to Bank of America to get this resolved. Finally, Bank of America admitted they were wrong.

This situation was a nightmare for our client. Imagine being threatened with foreclosure when you never missed a payment and then having to call the bank multiple times every day for one and a half years to get it resolved. In the meantime, one of our clients suffered very significant life-threatening health issues. While she was suffering from a horrible disease and trying to recover this ordeal was really taking a toll. It also took a toll on her husband and son who were praying for their matriarch to be healthy all while trying to stop the threats of foreclosure from the bank. They decided to seek legal help and came to Loan Lawyers, LLC to sue Bank of America for them.

There are generally two types of damages, compensatory and punitive. Compensatory damages are ordinary damages that result from a party breaching some duty. For example, in this matter, we are seeking compensatory damages for our clients’ pain and suffering. Punitive damages, on the other hand, are intended to punish a party. These damages are reserved for the most egregious of cases. In fact, in Florida, you can not seek punitive damages with the court first determining that there exists a basis to do so. The court determined in this case that if the jury rules in our favor for the debt collection violation, they will then consider whether Bank of America’s conduct was so egregious that they should be punished. The jury will have to determine what amount of money will punish Band of America. We will actually get to put the net worth of the bank into evidence so the jury can determine what amount of money it will take to punish them. Bank of America reports about $179 Billion in equity.

If you have been victimized by any bank, creditor, debt collector, or any other lender, we want to know about it. We sue banks for various debt collection and Truth in Lending Act violations. All of these cases are handled on a contingency fee basis, so there’s no attorneys’ fees or costs unless we are successful in recovering compensation for you. You may have a case worth tens of thousands of dollars or more and you don’t even know it.

At Loan Lawyers, our mission is to fight for those in debt. We provide aggressive legal representation so that those in debt can stand up against banks, debt collectors, and big corporations. Call us today is you are being harassed. We handle these cases statewide and offer free consultations in Miami-Dade, Broward, and Palm Beach with our lawyers who sue banks and debt collectors. (844) 344-4813

We scored another victory in our continuing quest to hold banks responsible for Truth in Lending Act violations. In this case, we requested the name, address and phone number of the owner or master servicer of the mortgage loan. The servicer responded with the name of the owner, but the address and phone number of the servicer. A borrower has the right to know how to to contact their loan owner directly, but the servicer in this case tried to pull a fast one by giving their address and phone number instead of the owners.

The bank made several arguments on why our TILA lawsuit should be dismissed. First, they argued that they complied by providing the address of the servicer. The court did not by that argument. Next, they argued that the loan owner can not be responsible for the servicer’s misdeeds. This is an argument that they make in every case and has been denied once again. Lastly they argued that the Truth in Lending Act is unconstitutional. This was likewise denied.

Florida homeowners: You have rights, start exercising them. Show the banks you mean business and you are not afraid to sue them if they violate the law. At Loan Lawyers, we sue banks throughout the State of Florida for Truth in Lending Act violations and debt collection violations, including the Fair Debt Collection Practices Act and the Florida Consumer Protection Practices Act. We file these cases on a contingency fee basis, so there’s no fees or costs unless we are successful.

Call us today to schedule a free consultations with one of our attorneys in Fort Lauderdale / Plantation, Delray Beach, North Miami Beach, or Coral Gables.

HOA filed a case against an existing client in violation of the law concerning subject matter jurisdiction at the time. The case law interpreting the existing law changed more than 100 days after an order was entered in our favor dismissing the HOA’s case with prejudice. The HOA, who had vowed to come after us following the dismissal, then filed a crazy motion for reconsideration, which was totally impermissible under the case law and rules. I filed a 6 page response bulldozing their argument as being not only impermissible but also sanction worthy. The Court agreed, denied their motion for reconsideration/rehearing. In addition, as a result of the HOA trying to collect upon a debt they were not entitle to collect upon, I had our firm file an FDCPA action against the HOA’s law firm. It’s great to be a part of such a versatile team.

Client had filed chapter 13 bankruptcy twice before but was unable to complete the cases because she had lost her job and fell behind on the plan payments. Her most recent case was dismissed with prejudice of 180 days, which means she cannot file bankruptcy again until after 180 days (6 months). This would be okay if there is no emergency; however, in this case, client’s home was in foreclosure and a foreclosure sale was scheduled right in the middle of this waiting period. The foreclosure court was unwilling to cancel or postpone the sale because it had been canceled multiple times before. Client was stuck and feared being left out on the street by the aggressive homeowners’ association.

We filed a motion to shorten the prejudice period, seeking permission from the court to file bankruptcy again before the expiration of the prejudice period. The homeowner’s association strongly opposed our motion and additionally, sought to extend the waiting period by an additional 60 days, arguing that the debtor has filed bankruptcy a couple of times before, canceled the sale many times, and was acting in bad faith. We argued to the court that the debtor was acting in good faith, made many payments in the previous bankruptcies, but unfortunately was dismissed because she lost her job in the middle of the case and was unable to afford the payments any longer; however, debtor has since found a new comparable job and is prepared to complete this bankruptcy and make the payments. The judge granted our motion to shorten the prejudice period and denied the HOA’s motion to extend the prejudice period; therefore, we were able to file client’s bankruptcy in time to stop the sale.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud.

Contact us to see how we may be able to help you. Results may not be typical. You may not have as beneficial a result.

We were hired by our client to defend a lawsuit filed against them to collect the deficiency of an auto loan. Our client was alleged to have purchased a vehicle and not made all payments on the vehicle, resulting in the vehicle being repossessed. Allegedly, the vehicle was then sold at auction, leaving a balance due on the vehicle. Our client was not sued by the lender, but by a company who claimed to have purchased the vehicle from the lender. We vigorously defended our client’s rights in this matter. The amount sought in the case was substantial. Creditors such as the plaintiff in this case generally buy debts for small sums. The plaintiff in the case realized that the costs involved in fully proving their case were so cost prohibitive as to make pursuing our client a loss for them and ultimately agreed to stop pursuing our client.

In November 2014, a close-knit Church retained us to assist them in a foreclosure lawsuit. The Church’s mortgage was on the verge of maturing within a few weeks and they were unable to make their monthly payments, let alone pay off the loan. With our professional assistance and guidance, we were able to work out a favorable settlement with the Lender. We were able to negotiate an affordable repayment plan whereby the Church was given the opportunity to pay the past due amount, while continuing to make monthly payments. Also, we were successful in extending the maturity date of the loan. The foreclosure lawsuit was dismissed and the sale date was vacated.