Success Stories

Our client, facing a foreclosure filed by their lender on their primary residence, reached out to us for assistance after falling behind on mortgage payments. The lender had initiated the foreclosure process, leaving the client in a precarious position. Upon reviewing the case, we discovered that the lender had violated the Real Estate Settlement Procedures Act (RESPA) by failing to register as a debt collector before attempting to collect on the mortgage. Under RESPA, lenders must register as debt collectors when attempting to collect consumer debt related to residential mortgages.

In response to the lender’s actions, we filed a lawsuit challenging their non-compliance with RESPA, which delayed the foreclosure proceedings and provided the client with additional time to explore options. This legal action served as leverage in negotiations with the lender.

As a result of our efforts, we successfully negotiated a loan modification for the client, which reduced their monthly payments and brought them back into good standing with the mortgage. The loan modification not only allowed our client to avoid foreclosure but also ensured that the lender would be held accountable for their failure to comply with RESPA regulations.

This case highlights the critical importance of enforcing consumer protection laws such as RESPA and demonstrates our commitment to helping homeowners protect their rights. Ultimately, we were able to secure a positive outcome for our client and prevent the loss of their home.

Our client, struggling with mortgage payments on his personal residence, was unable to secure a loan modification on his own despite multiple attempts. The lender had failed to respond timely and provide the necessary information and documentation required for the modification, violating the Real Estate Settlement Procedures Act (RESPA).

Upon reviewing the case, we identified that the lender’s failure to comply with RESPA regulations — specifically, not responding to the client’s requests for information in a timely manner and not providing the correct documentation — warranted legal action. We filed a lawsuit against the lender for these violations, which provided leverage in our negotiations with them.

As a result of our legal intervention, the lender became more responsive and ultimately agreed to a loan modification. This modification significantly reduced the client’s monthly payments and put them back in good standing with the mortgage, enabling them to avoid the risk of foreclosure.

This case highlights the importance of ensuring lenders comply with RESPA and the power of legal action in holding them accountable. Thanks to our efforts, our client was able to secure a favorable loan modification that they could not achieve on their own, helping them maintain their home and stabilize their financial situation.

Our client was facing significant issues with her mortgage lender, who was not applying her payments correctly, resulting in an inaccurate past due balance and negative marks on her credit report. Despite the client’s own attempts to resolve the issue, she was unable to get anywhere. We determined that the lender’s actions violated the Real Estate Settlement Procedures Act (RESPA).

After sending a Request for Information (RFI) to the lender, which went unanswered or inadequately addressed, we filed a lawsuit against the lender for RESPA violations. This legal action forced the lender to the table, where we were able to negotiate a favorable outcome for our client.

As a result of our efforts, we secured the following positive outcomes:

• Elimination of the Corporate Advance Balance: The lender agreed to remove the unnecessary corporate advance charges from the mortgage balance.
• Deletion of Past Due Tradeline: The lender agreed to delete the inaccurate past due tradeline from the client’s credit report, which was affecting her credit score.
• Past Due Check Issued: The lender also issued a past due check to the client for funds owed due to the improper application of payments.

This case underscores the importance of holding lenders accountable for RESPA violations and demonstrates the effectiveness of legal action in achieving positive outcomes for clients. Thanks to our intervention, the client was able to correct the errors on her mortgage, improve her credit, and receive compensation for the lender’s mistakes.

We successfully helped a client who became the victim of improper and illegal debt collection practices. The debt collector obtained a judgment against her in state court without properly serving her, denying her the opportunity to defend herself—clear violations of the Fair Debt Collection Practices Act (FDCPA).

After consulting with our client and thoroughly researching the issue, we quickly took action by filing a federal lawsuit against the debt collector for these unlawful practices. Our prompt and strategic approach allowed us to negotiate a highly favorable settlement on behalf of our client. As a result, we were able to have the judgment vacated, eliminate the entire underlying debt, and most importantly, provide our client with peace of mind knowing she would no longer face any illegal debt collection attempts.

If you’re facing similar issues with debt collectors, we’re here to protect your rights and help you achieve a fair resolution. Let us put our experience to work for you and ensure you’re not unfairly burdened by unlawful debt collection practices.

We successfully helped our client secure a loan modification and avoid foreclosure in a complex situation where she was being sued by the bank for non-payment. The underlying issues with her loan required immediate attention, so we took decisive action by sending a Request for Information (RFI) and a Notice of Error (NOE) to the loan servicer, Mr. Cooper.   When Mr. Cooper failed to respond appropriately, we escalated the matter by filing a federal lawsuit against them for violations of the Real Estate Settlement Procedures Act (RESPA), ensuring our client’s rights were protected and enforced.

By taking this strategic legal action, we gained significant leverage over the loan servicer, allowing us to negotiate a highly favorable settlement for our client. This resulted in a loan modification through a partial claim mod, the dismissal of the foreclosure lawsuit, and the ability for our client to remain in her home with affordable, manageable payments. Most importantly, our client regained peace of mind and was able to move forward without the looming threat of foreclosure.

If you’re facing similar challenges with your mortgage or loan servicer, our team is here to help. We have the experience and dedication to protect your rights, negotiate on your behalf, and find a resolution that works for you.

We helped a couple who were facing unfair debt collection practices related to a debt owed to their Homeowners Association (HOA). They were being charged excessive and unwarranted fees and costs, in addition to the original debt, which was being aggressively pursued through collections. Upon investigating the matter, we identified that these actions violated the Fair Debt Collection Practices Act (FDCPA).

With this knowledge, we worked tirelessly to negotiate a favorable settlement that not only erased the unjust debt but also brought them current with their HOA payments. Additionally, we secured statutory damages on their behalf for the unlawful debt collection they were experiencing, prevented an unwarranted foreclosure, and ultimately alleviated their anxiety and stress. Our efforts ensured the couple was no longer burdened by unfair collection practices, providing them with the peace of mind they deserved.

We had a case where our client was being sued on a reverse mortgage. The Complaint alleged that the borrower failed to occupy the property and as a result, the borrower breached the terms of the note and mortgage. The client who was elderly got sick and was too unwell to send in the occupancy certification in a timely manner. The client however never ceased to occupy his home. In a matter of weeks, we got the bank to retroactively certify occupancy and had HUD rescind the foreclosure. Now our client can rest easy knowing that he no longer has to face the peril of a foreclosure case.

If you encounter yourself in a debt-related lawsuit, choose a law firm that will fight for you to help you save your home.  Call us now for your 100% free consultation with one of our attorneys.  We will go through the details of your specific situation, help craft a plan that works best for you, and put you in the best position to try to save your home.  Call us now at 1-888-FIGHT-13.

I recently met with a client who was shocked to discover a debt buyer had obtained a final judgment against her without her knowledge.  I reviewed the court docket with her and learned that the client was allegedly served with a copy of the complaint at a “Private Mailbox.”  These include places like the UPS Store, Pak-N-Ship locations, etc.

Service of process occurs when the defendant in an action is delivered a copy of the petition, complaint or other initial paper or initial pleading.  Fla. Stat. Ann. § 48.031 (West).   Florida Statutes Chapter 48 lists various additional mechanisms available to a Plaintiff to who is trying to serve you.  However, service at a private mailbox/ UPS Store is only valid under extremely limited circumstances as listed in the statute below:

Florida Statute §48.031(6)(a) provides that:

(6)(a) If the only address for a person to be served which is discoverable through public records is a private mailbox, a virtual office, or an executive office or mini suite, substituted service may be made by leaving a copy of the process with the person in charge of the private mailbox, virtual office, or executive office or mini suite, but only if the process server determines that the person to be served maintains a mailbox, a virtual office, or an executive office or mini suite at that location.  (emphasis added).

The statute only allows for service at a private mailbox if the private mailbox address is the only address discoverable through the public records.  The client had been residing at her home for over a year and her voter’s registration, available via a simple internet search, listed her home address.

Loan Lawyers immediately got to work on the client’s case and filed a motion to quash service and a Motion to Vacate the Default Final Judgment that had been entered against her.  We attached supporting documents to the Motion to Quash showing that our access to our client’s home address is readily available in the public record.

When met with the convincing evidence that we submitted to the Court, the debt buyer’s attorney agreed that the service was invalid and also agreed to vacate the default final judgment.  The client was grateful that Loan Lawyers were able to get the judgment vacated as the judgment amount was over $10,000.

Many consumers are encountered with a judgment of which they were previously unaware and decide to go ahead and pay the debt buyer just to make them go away.  If you discover the existence of a judgment that you didn’t know about or were never served with court papers, contacting Loan Lawyers to evaluate your case is the best course of action.  There are many avenues that can be explored in potentially getting the judgment vacated.

Loan Lawyers has an outstanding track record of getting judgments vacated and helping our clients fight against debt buyers to reach a favorable outcome.  We have even assisted a few clients in getting old judgments vacated and fighting debt buyers until they decide to drop their case without our clients paying anything.

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 for a free consultation to see how we may be able to help you.

We had a case where our client was being sued on a line of credit that she had not heard from in many years. Her bank records reflected a charge-off of the loan. The bank then proceeded to sue on the debt owed on the Note. We litigated the case, conducted discovery, fought the bank at the Motion for Summary Judgment hearing and won! Before the Court could set the case for trial, the bank reached out to agree to dismiss their case with prejudice so our client. Now our client will not have to worry about the bank suing her on this debt ever again.

If you encounter yourself in a debt related lawsuit, choose a law firm that will fight for you to help you save your home.  Call us now for your 100% free consultation with one of our attorneys.  We will go through the details of your specific situation, help craft a plan that works best for you, and put you in the best position to try to save your home.  Call us now at 1-888-FIGHT-13.