5 Things to Consider When Hiring a Foreclosure Defense Lawyer

If you have received notice that your mortgage lender is going to foreclose on your home, you are likely scared. You may be imagining the worst case scenario, that you will eventually lose your home. Fortunately, receiving notice that your home will go into foreclosure does not necessarily mean you will lose it. There are many defenses available that you may not even know about. Working with a foreclosure defense lawyer can drastically improve your chances of keeping your home and preventing it from being lost in foreclosure.

Too many people decide not to work with a foreclosure lawyer in Broward County, usually because they think it is too expensive. However, when you are in fear of losing your home, there is already a lot at stake. Even meeting with a foreclosure defense lawyer once for an initial consultation can make the difference between keeping your home and losing it in foreclosure. Not all foreclosure defense lawyers are equal, though. Some simply deliver a better service than others. Below are the five things you should consider when hiring a foreclosure defense lawyer.

Ask People You Know

One of your first steps should be to ask friends, family members, and other people you know for recommendations. Ask people you know who have been through the foreclosure process before, particularly if the attorney they used help them to keep their home. Ask them what they liked about the specific attorney, what they did not, and anything else about the process you may have questions about.

If you have used a lawyer in the past for other matters, such as creating an estate plan, you can also ask them for a referral to a foreclosure defense lawyer. If you have trusted the attorney with important matters in the past, there is a high chance that you can trust them with this matter, as well. Still, make sure you ask the attorney if they receive a commission for the referrals they give. This may unduly influence who they recommend and who they do not.

Check Online

There are many places you can go online to try and find a foreclosure lawyer, or to learn more about specific attorneys you may be considering. First and foremost, the American Bar Association and the Florida Bar Association will both have a search tool that can help you find a foreclosure defense lawyer.

Whether you find a foreclosure defense lawyer on one of the Association’s websites and want to know more, or you just want to start looking in other areas, Google is always a good place to start. Most foreclosure defense lawyers in Fort Lauderdale will have a listing in Google My Business. Here, clients can leave reviews about different lawyers and their experience with them. These reviews are highly trusted by consumers, regardless of the type of service a business provides. As such, you may be able to find several different opinions about many different attorneys in one place.

Conduct Background Checks

Hiring a foreclosure defense lawyer is a very serious business and you must take it seriously. This means that while it is a good step to hear other people’s opinions about certain attorneys, you have to do more than that, as well.

One of the most important parts of research you can do is to ensure any lawyer you are considering working with is in good standing with the bar. You can do this through the Bar Association websites you may have used to find a lawyer. You can also ask any lawyer you are considering working with for a Certificate of Good Standing. This certificate will confirm that the lawyer always pays their registration fee, and that their registration with the Court of Administration is up to date. Perhaps even more importantly, making sure the lawyer has a Certificate of Good Standing will ensure they have not been suspended or disbarred in the past.

Determine if the Lawyer has Been Subject to Disciplinary Actions

When a lawyer has willfully disregarded the best interests of their client, commingled funds, committed a felony, or engaged in fraud, they may be disbarred. Disbarment means the lawyer has had their right to practice law revoked. It is also permanent and so, it is only ever used as a last resort. Lawyers can also face other disciplinary actions without being disbarred. Attorneys can also be placed on probation or they may have their license to practice law suspended.

You must ensure any lawyer you work with has not been subject to these disciplinary actions. To do this, you can check with the Florida Bar Association’s website. Search for any lawyer you are considering working with and the search results will tell you if they are an attorney in good standing with the bar, or if they have been subject to suspension, probation, or disbarment.

Ask the Right Questions

Most foreclosure defense lawyers offer a free initial consultation. You will talk about many things with the attorney during this meeting, and you should ask several questions.

The most important of these include:

• Are you licensed to practice law?
• How can I contact you when I have questions about my case?
• What fees do you charge for emails and phone calls?
• How long does it take you to respond to phone calls, emails, and letters?
• Will you keep me updated on the status of my case whenever there is a development?
• How many foreclosures have you successfully defended?
• Have any complaints been lodged against you?
• Do you have any prior experience with my lender?
• How long have you been practicing in foreclosure defense?
• Do you practice in any other state?

Call Our Foreclosure Defense Lawyers in Broward County Today

If you are in fear of losing your home, our Broward County foreclosure defense lawyers are here to help. At Loan Lawyers, our seasoned attorneys will answer all of your questions and give you the best chance of a successful outcome. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help.

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What Can I Do About My Lawsuit By Pollack and Rosen?

Pollack and Rosen is one of the biggest law firms in Florida that represents collection companies. Although they do have an office in Coral Gables, Florida, they also have offices in Alabama and Georgia. The founding partners of the firm are Joseph F. Rosen and Mark E. Pollack and they established the firm in 1995. Mark Pollack started practicing law in 1974 and Joseph Rosen in 1980. Neither has a history of disciplinary action. Despite having nine complaints lodged against them, the Better Business Bureau has given the firm an “A” rating even though the firm is not credited with the agency.

Why is Pollack and Rosen Suing Me?

If you have received notice of a lawsuit filed by Pollack and Rosen, it is likely over a debt that you owe. Pollack and Rosen mainly represent debt collection companies and creditors who are pursuing debt that has not been repaid to them. The firm specializes in collections pertaining to both commercial and consumer borrowers.

Therefore, if you have been sued by the law firm, it is time to consider if there is any debt you owe that you have not yet paid. There may be, but there also might not be. Pollack and Rosen has been the subject of lawsuits in the past that have accused them, and the clients they represent, of unfair tactics.

Class Action Lawsuits Against Pollack and Rosen

Many consumers and borrowers have filed many lawsuits against Pollack and Rosen for unfair collection practices. The PACER system in federal court shows that the firm has been sued 27 times in federal court. In 2017, Brenda Howe sued the firm in the case Howe v. Pollack and Rosen for not complying with federal requirements under the Fair Debt Collection Practices Act (FDCPA). The following year, another case was filed against the firm in Florida Southern District court stating that Rosen improperly signed collection letters. That case was Doane v. Pollack & Rosen, PA.

Do Not Ignore the Lawsuit Filed Against You

The worst thing you can do after Pollack and Rosen has filed a lawsuit against you is nothing. If you owe $8,000 or less, your case will go to small claims court. In this case, you will have to attend a hearing known as a case management conference. If you owe between $8,000 and $30,000, your case will be heard in county court. If the amount you allegedly owe is more than $30,000, your case will go to circuit court. If your case is heard in county or circuit court, you will have 20 days from the day you were served with the lawsuit to file a response.

If you do not file a response or you do not attend the hearing, Pollack and Rosen will still appear in the appropriate venue. When they do, they will petition the court for a default judgment, and they will most likely win the case. At that point, they can then garnish your wages, seize your bank account, and more. You can prevent these restrictive measures by simply appearing in the proper court.

Make Sure the Records are Accurate

By the time a debt collection lawsuit is filed, the account has usually changed hands many times. Debt collectors do not only purchase debtor accounts from creditors, but also from other collection companies. As the account goes from one company to another, documents become lost and those records are important. Do not just assume that the files you receive along with the lawsuit are correct. Review the entire claim and the attached documents to ensure they were correct. If they are not, it could serve as a defense in your case.

Review Your Options

It is important to remember that even after a lawsuit has been filed against you, there may still be options available. If you believe that you do owe the debt at the center of the lawsuit, and you have other debt you cannot realistically repay, you may want to consider filing for bankruptcy. A Chapter 7 bankruptcy will allow you to discharge the majority of your debt. A Chapter 13 bankruptcy will restructure your debt into a payment plan that is more affordable. Both types of bankruptcy have benefits and drawbacks. A Fort Lauderdale bankruptcy lawyer can advise on which option may be right for you.

Negotiate

Many people do not want to file for bankruptcy for many reasons. Some do not want their credit score to take a hit, others do not want to lose property, and some simply feel as though the process is too time-consuming. If you feel that bankruptcy is not your best option, you might consider negotiating with the debt collector. Debt collection companies are often willing to negotiate lower settlement amounts because they would rather recover a portion of the debt rather than none of it at all.

Most people are not comfortable negotiating with big debt collection companies or law firms on their own. A Fort Lauderdale debt defense lawyer will have the necessary experience to negotiate with debt collection companies and to secure a lower amount for you to pay. A lawyer will also make sure any settlement agreement they come to is in writing. These documents must be carefully worded and drafted properly to ensure a court will enforce them in the future. A settlement agreement will also help prevent any disputes regarding the debt in question in the future.

Call Our Debt Defense Lawyers in Fort Lauderdale for Help with Your Lawsuit

If Pollack and Rosen has filed a lawsuit against you, do not hesitate to call our Fort Lauderdale debt defense lawyers today. At Loan Lawyers, we will carefully review all options with you, determine which one is best for your case, and help you through whatever process is most appropriate. Call us today at (954) 523-4357 or fill out our online form to schedule a free review of your case and to learn more about how we can help with your case.

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Behind on your Homeowner or Condo Association dues and cannot catch up?

Many homeowners are surprised to learn that a Homeowners Association (HOA) or a Condominium Association (COA) can foreclose on homes when the homeowner fails to pay the assessments as they come due.  These can be the nastiest cases and the ones that can start to snowball out of control real quick.  Just being a few days late on one payment can snowball into a foreclosure.  For example, if your association requires a $25 late fee for a late payment and you fail to include that extra $25, that will be an issue.

If you pay the next month but did not include the previous month’s late fee, the money you send will first be applied to the $25 late fee from the previous month.  So, the payment you just made for your monthly assessment is $25 short, so another $25 late fee will kick in, and this will compound and snowball to the point where you owe many thousands of dollars even though you sent a check each month.

The HOA lawyers are generally very aggressive.  They only get paid when you pay them, so they are happy to fight you and run up a big legal bill because they know if you do not pay it, they will foreclose on you and they will get paid 100% f what they are owed when the house is sold at the auction.  So, what is someone to do that now finds themselves tens of thousands of dollars in debt to an HOA?

There are generally 3 options assuming that the money the HOA is claiming to be due is legitimate (and by the way, it almost always is, even if it is unfair).  Option #1 is to pay the debt in full, by when someone has a case that has snowballed out of control, that is usually not an option.  Option #2 is to work out a payment plan to pay the debt off over time.

Option #3 would be a Chapter 13 bankruptcy.  In a Chapter 13 bankruptcy, you would given 5 years to catch up on the missed assessments as long as you keep up on the current assessments.  Depending on the value of your house and the amount of money you owe on your mortgages, you may be able to even eliminate the HOA debt, or possibly pay it at pennies on the dollar is a process known as a lien strip.

If you find yourself behind on your Homeowner or Condo Association dues and simply cannot catch up, please reach out to us immediately to discuss your options.  These situations can go from bad to worse real fast and in our experience, the sooner you start on the correct solution, the better things will ultimately work out.  Remember, the Homeowner or Condo Association has lawyers and you can lose your house.  Do not mess around, call Loan Lawyers today for your 100% free consultation so that we can discuss your options and what we may be able to do for you.  Call us at 1-888-FIGHT-13 now to speak to an attorney about your specific situation.

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Business Facing Foreclosure? Here Are Your Options

If you have fallen behind on mortgage payments on your business’s commercial property, your lender or mortgage holder may send you notice of default or intent to foreclose, warning you that your business is facing foreclosure. With your business’s financial health and future at risk, you need to know what options you have to respond to foreclosure.

When your business has defaulted on a mortgage or has received notice of a lender’s intent to foreclose, you need experienced legal counsel to advocate for your rights and interests. Turn to the foreclosure defense, debt defense, and bankruptcy law firm of Loan Lawyers for help.

Our attorneys have extensive experience defending the rights and interests of thousands of businesses and property owners throughout Florida facing foreclosure. Our firm never pressures clients to file for bankruptcy when less drastic and more cost-effective options may be available.

If your business is facing foreclosure, you should act quickly to protect your investment and future. Reach out to Loan Lawyers today for a free, confidential consultation to discuss your legal options with a seasoned Dania Beach business foreclosure lawyer from our firm.

What Is a Business Foreclosure?

A business foreclosure occurs when a bank or a mortgage holder forecloses on a commercial property purchased by a business with loaned funds. If the business fails to make the required mortgage payments, the lender has the right to begin the foreclosure process in Florida.

In Florida, a lender must obtain foreclosure through the judicial process. This requires the lender to file a lawsuit in court for a foreclosure judgment. The foreclosure judgment will authorize the sale or transfer of the property for the debt owed under the mortgage.

What Happens When a Business Goes into Foreclosure?

A bank or mortgage holder may initiate a foreclosure on a business’s commercial property when the business defaults under the mortgage terms. Typically, the lender will give a notice of default to the business, allowing the business an opportunity to fix the situation.

The business may pay the money needed to become current on its mortgage payments, work out a loan modification agreement with the bank, or declare bankruptcy. If the business does not fulfill the agreement, the lender may issue a notice of intent to foreclose. This tells the business that the lender intends to file a lawsuit to seek foreclosure.

In a foreclosure proceeding, the lender asks for a court order to sell the property, usually through a bidding process, to satisfy the loan’s outstanding balance that the mortgage secures. The lender may “purchase” the property and take possession. They would usually do this if no other prospective buyers are willing to pay more than what is owed. Another party may also purchase the property, and the proceeds are used to pay the lender.

In some cases, the business and creditor may agree to a deed in lieu of foreclosure, where the business surrenders ownership of the property. The lender and business must agree on the property’s value. If the property is valued at less than the outstanding mortgage balance or is sold at a business foreclosure auction for less than the balance, the lender may have the right to pursue recovery of any excess amounts owed from the business.

Can Foreclosure on a Business Occur Without Bankruptcy?

A business’s commercial property foreclosure can occur without the business declaring bankruptcy. A lender or mortgage holder will typically pursue foreclosure when the business stops making the required mortgage payments.

However, a business may need to declare bankruptcy to resolve its debts if it cannot pay mortgages and other bills. While bankruptcy can delay foreclosure, the bankruptcy does not necessarily give the business owner the right to simply walk away from the property.

How Can I Stop a Foreclosure on Business Property?

Even when a lender sends notice of its intent to foreclose on a business’s commercial property, the business may have options to delay or even stop the foreclosure. Options for getting out from under the threat of foreclosure on a commercial property include the following:

• Seeking refinancing – Under certain circumstances, a business may have the option of refinancing the mortgage, either with the same lender or another bank. Refinancing can lower mortgage payments.
• Applying for a loan modification – Similar to refinancing, a loan modification involves the business and lender agreeing to change the mortgage terms to lower payments. This may be done by lengthening the repayment term, lowering the interest rate, or forgiving a portion of the balance owed.
• Agreeing to a short sale – In a short sale, the mortgaged property is sold for less than what is owed on the mortgage. The lender may agree to forgive the remaining balance or reserve the right to pursue further repayment from the business.
• Offering a deed in lieu of foreclosure  – If the lender agrees to it, the property owner may be able to give the property to the lender to release them from the mortgage agreement without going through foreclosure proceedings.
• Filing for bankruptcy – Filing bankruptcy typically pauses all debt collection efforts, including business foreclosure. However, a business may only be able to keep the mortgaged property when it files for reorganization bankruptcy under Chapter 11. In a Chapter 7 liquidation bankruptcy, the property may still be sold to satisfy the business’s debts.

Talk to a Foreclosure Lawyer in Dania Beach, Florida Today

If your business property is about to be foreclosed on, don’t assume that you have no options for protecting your hard work and investment. Contact Loan Lawyers today to talk to a foreclosure lawyer in Dania Beach, FL about how our firm can assist you in defending your commercial interests.

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Who is CVI SGP CO Acquisition Trust?

Debt lawsuits are filed every day in Broward County, but some debt collectors are more likely to file than others. CVI SGO Co Acquisition Trust is one of the most aggressive debt collectors in the Sunshine State, and throughout the entire country. If you have received notice that this company is suing you, it may be tempting to ignore it. Or, you may be so consumed with worry you do not know what to do next.

Both of these reactions are natural, but it is important to know that ignoring a lawsuit does not make it go away. A debt defense lawyer in Broward County can advise you on the possible defenses in your case, and the next steps to take.

Who is CVI SGP CO?

CVI SGP CO Acquisition Trust is a debt collector and like other companies that purchase debt from creditors, they buy debts from credit card companies, auto dealerships, medical centers, and more, for very small amounts.

Debt collectors such as CVI SGP CO only pay a very small amount for the debt they purchase, usually between two and five cents on the dollar. This means they can purchase a debt worth thousands of dollars for $100 or less. The original creditor does not think they will ever recover anything from the debt and so, they are happy to receive something rather than nothing. Once a debt collector owns the debt, anything they recover is then purely profit for them.

Some debt collectors are more aggressive than others, and CVI SGP CO is one that very actively pursues debt lawsuits. In 2019, the company filed more than 500 cases every week against borrowers. Their operating model dictates that they file as many lawsuits as possible so they can collect as many as possible for the smallest price. If you have been notified that you are being sued by CVI SGP CO, or the company has started harassing you over a debt, it is imperative that you speak to a Broward County debt defense lawyer today.

What Happens if CVI SGP CO Wins Their Case?

Many consumers that cannot repay their debt think nothing will happen if the collection companies pursuing them wins their lawsuit. Too many people rely on the old expression, “You cannot get blood from a stone.” Unfortunately, while you think nothing may happen if CVI SGP CO wins their case against you, that is simply not true. Although you may not think you can afford to repay the debt, the courts will likely view it differently.

If CVI SGP CO wins their case against you, they will likely be able to take a number of different actions against you. These may include:

• Garnish your wages
• Withdraw funds from your bank account
• Seize your property
• Place a lien on your home

Fortunately, these actions are not inevitable, even if CVI SGP CO has filed a lawsuit against you. There are defenses available in these lawsuits, and a debt defense lawyer in Broward County can advise on what those are.

How to Defend Against a CVI SGP CO Acquisition Trust Lawsuit

You may think it is a hopeless situation when you learn of a lawsuit filed against you by CVI SGP CO Acquisition Trust. There are many defenses available, but it is important to speak to a debt defense lawyer who can advise on what those are, and which one is most applicable to your case. The most common defenses in these lawsuits are as follows:

• Respond: Responding to a lawsuit is not enough of a defense alone to ensure CVI SGP CO cannot take legal action against you. However, if you do not respond, they will likely obtain a default judgment against you, after which they can take legal action. In Florida, you have 20 days to respond to the lawsuit so it is crucial that you speak to a lawyer immediately to devise the best response.
• Contest the service: When CVI SGP CO files a lawsuit against you, they must serve you with the official documents. In Florida, there are very specific requirements placed on this service and if the debt collector does not follow them accordingly, you can challenge it as a defense to your lawsuit. Keep in mind though, that this defense is usually temporary. The debt collector can fix the error and serve you again with the lawsuit.
• Challenge the company’s right to sue: In order to sue you, CVI SGP CO must have the legal right to do so. The burden of proof is on the company to show that you owe the debt, the amount you owe, and that they own the debt. This is not always as straightforward as it seems. Before a debt collection lawsuit is filed, the debt has often changed hands many times, as debt collectors buy from original creditors and other debt collectors. Paperwork may have gotten lost along the way, which serves as a very common defense in these lawsuits.
• Statute of limitations: Like most lawsuits in Florida, those involving debt collection are governed by a statute of limitations, or time limit. That time limit in Broward County is five years from the date of the last payment. If that time limit has expired, the debt collector can still try to collect on the debt, but they no longer have the legal right to take action against you.
• File a countersuit: If CVI SGP CO engaged in unfair and unlawful practices, you can file a countersuit against them. For example, under the Fair Debt Collection Practices Act, debt collectors cannot call you repeatedly in one day, call at certain hours, or speak to other people about your debt. If they took these actions, or any others that are against the law, you can file a lawsuit against them to recover your losses and statutory damages.

Our Debt Defense Lawyer in Broward County Helps Consumers Like You

If CVI SGP CO Acquisition Trust has filed a lawsuit against you, our Broward County debt defense lawyer can help. At Loan Lawyers, we have helped thousands of people win their lawsuits against debt collectors, and we want to help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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Sued By O&L Law Group? 5 Steps You Should Take Now

O&L Law Group is a law firm located in Tampa, Florida, but they sue consumers all over the country. The partners of the firm do not have any complaints filed against them with the Florida Bar, but the firm does have 19 complaints with the Better Business Bureau in the last three years. If O&L Law Group has filed a lawsuit against you, they are likely representing a creditor or debt collection company that is alleging you owe a debt to them you have not repaid.

Learning that a lawsuit has been filed against you is always worrisome. You are likely worried if you cannot repay the debt, and may wonder what legal action O&L Law Group can take against you. Still, it is important to remember that now is not the time to panic. The steps you take at this time can either greatly hurt or help your chances. Below, our Fort Lauderdale debt defense lawyer explains what those steps are, and how we can help.

Respond to the Lawsuit

Most law firms representing debt collection companies, such as O&L Law Group, are hoping that once they file a lawsuit against a borrower, the consumer will ignore it. They have good reason to hope for this, as many people do ignore these lawsuits, hoping they will go away. They do not. If a debt collection lawsuit has been filed against you, the debt collector and the law firm representing them have every intention to aggressively pursue the case.

In Florida, you only have 20 days to respond to a lawsuit that has been filed against you. If you do not reply within this time, a lawyer from the firm and the debt collector will appear in court, while you do not. During this hearing, they will ask the judge for a default judgment against you, and the judge will likely grant it. After this, the law firm will have the legal right to garnish your wages, withdraw funds from your bank account, seize funds from your bank account, and more.

The only way to avoid this is to respond to the lawsuit within the allotted time. A Fort Lauderdale debt defense lawyer can review the facts of your case and determine the best defense to use going forward.

Review Possible Defenses

There are many potential defenses available in debt collection lawsuits. The most common of these are as follows:

• Service challenges: In Florida, there are very strict requirements placed on the service of a lawsuit. When law firms and debt collectors do not comply with these requirements, it can serve as a defense to a lawsuit. This defense is often used in conjunction with others, as the law firm can simply rectify the incorrect service and serve you with another lawsuit properly.
• Lack of standing: Anyone who files a lawsuit in Florida must have a legal right to do so, which is known as standing. Debt collectors are responsible for proving they have standing, which means they must show that you owe the debt, the total amount you owe, and that they own the debt. Many times, they cannot prove these elements of their case because the debt has changed hands so many times before the lawsuit was filed. When debt collectors cannot meet this burden of proof, it is a very valid defense.
• Statute of limitations has expired: In Florida, debt collectors have only five years from the date of the last payment to file a lawsuit against borrowers. This is known as the statute of limitations and if it has expired, the debt collector no longer has a legal right to file a lawsuit against you and you can get any current case dismissed.

It is not always easy to determine what defense is best for your case. A Fort Lauderdale debt defense lawyer will determine the best path for moving forward, collect the necessary evidence to prove your case, and represent you during the entire process to give you the best chance of success.

Negotiate

If there is not a defense to the debt collection lawsuit, your best option may be to negotiate a smaller amount. Like the creditors debt collectors purchased the debt from, collection agencies are happy to recover even a smaller portion of the debt rather than nothing at all. As such, sometimes it is best to negotiate with the debt collection company. Negotiations are often very difficult for people who do not do it on a regular basis. Debt defense lawyers engage in negotiations every day and so, they have the necessary experience to negotiate an affordable amount that you can repay and avoid legal action.

Draft an Agreement

If you are able to reach a settlement agreement with the debt collector or with O&L Law Group, it is critical that you put it in writing. Without a written settlement, the debt collector may be able to file another lawsuit against you in the future, arguing that you still owe them the debt. A written agreement will prevent these disputes from arising. A Fort Lauderdale debt defense lawyer will ensure your agreement is drafted properly so it provides the full protection you need.

Consider Bankruptcy

Debt collectors are often willing to negotiate a smaller amount to consider the debt fully paid, but that is not always the case. If there are no defenses that work in your case and you cannot negotiate a smaller amount, bankruptcy may be the best option. Through bankruptcy you can discharge, or eliminate, the majority of your debt or reorganize it into a repayment plan that is more affordable for you to pay.

Call Our Debt Defense Lawyers in Fort Lauderdale Today

At Loan Lawyers, our Fort Lauderdale debt defense attorneys can prepare the necessary defense for your lawsuit to give you the best possible chance of success. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help.

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Is Hayt, Hayt & Landau a Scam?

If you have been contacted by Hayt, Hayt & Landau for a debt, you may be wondering who the company is, whether they are legit, and why they are contacting you. Hayt, Hayt & Landau is a legitimate debt collection law firm and if they have contacted you, it is likely in regards to a debt they are alleging has not been paid. The law firm is located in New Jersey and Pennsylvania, but they also have an office in Miami, Florida. Although these are the main offices, the law firm sues borrowers all over the country, including right here in Fort Lauderdale.

While Hayt, Hayt & Landau represents debt collectors throughout the country, that does not necessarily mean that all lawsuits they file are legitimate. The company may violate the law, or they may be working off incorrect information given to them by their creditor clients. In the event that any of these factors are true, it could provide a defense in your case. A debt defense lawyer in Fort Lauderdale can build a strong case that will give you the best chance of a successful outcome.

Is Hayt, Hayt & Landau a Legitimate Company?

Hayt, Hayt & Landau is a legitimate law firm. According to their page on the Better Business Bureau (BBB), the company has been in business since 1929 and they became incorporated in 2003. The law firm has not been accredited by the BBB, but it did receive a rating of “A“ from the organization.

The good rating is a clear indication that the law firm is legitimate and not a scam. This does not mean though, that they always comply with the law or use unfair tactics when trying to collect on a debt for their clients. The law firm’s website states that they maintain a strict level of compliance with state and federal laws when trying to collect on debt but unfortunately, that is not always the case.

Still, even if you believe Hayt, Hayt & Landau has violated the law, it is critical that you do not ignore the lawsuit. Doing so will not prevent the firm from taking legal action against you and it could end up hurting you much more in the end.

Who Does Hayt, Hayt & Landau Represent?

Hayt, Hayt & Landau represents many different creditors throughout the United States. According to their website, the offices in New Jersey and Pennsylvania represent mid-market companies and corporate enterprises. In Florida, the website is a bit more specific and states that most of the clients the firm represents are financial and banking institutions, meaning that these lawsuits largely revolve around credit issued by those companies.

Clearly, the law firm represents so many different clients and tries to collect on many different types of debt. As such, if you have been contacted by the company, it is critical that you ask the law firm to verify the exact debt they are trying to collect.

Does Hayt, Hayt & Landau Comply with the Law?

Despite what their website says, there have been instances in which Hayt, Hayt & Landau have not complied with the law. There are a number of laws that have been put in place to protect borrowers from unfair collection tactics. While these laws do specifically state that they apply to debt collectors, courts across the country have determined these laws also apply to law firms and other entities that are focused on consumer debt collection for their clients.

The laws most applicable to debt collection include the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Consumer Financial Protection Act. Under these laws, debt collectors are prohibited from the following practices:

• Calling borrowers multiple times per week
• Calling borrowers very early in the morning or very late at night
• Calling borrowers at work
• Calling friends, family members, neighbors, or coworkers regarding a borrower’s debt
• Threatening borrowers with a lawsuit, arrest, or violence
• Attempting to collect more than a debtor owes
• Threatening negative credit reporting
• Trying to intimidate borrowers
• Making criminal accusations against borrowers
• Using obscene language against borrowers
• Using automated robocalls when trying to collect on a debt

Any time Hayt, Hayt & Landau, or anyone else violates the law, borrowers can file a lawsuit against them. Under the law, borrowers can file a lawsuit against debt collectors, and those who work for them, any time they break the law. Under the law, borrowers who have been the victim of these violations can recover any of their actual losses and up to $1,000 in statutory damages.

Steps to Take After Receiving Notification of a Lawsuit

It is natural to panic after receiving notification that Hayt, Hayt & Landau has filed a debt collection lawsuit against you. However, it is important to stay calm so you can take the necessary steps. The most important of these are as follows:

1. Respond: Depending on the court in which your case will be heard, it is imperative that you either attend the case management conference (small claims court) or that you respond to the lawsuit within 20 days (county or circuit court).
2. Review the records: The records of debt collectors are not always accurate and if that is the case, the records of Hayt, Hayt & Landau may also be inaccurate. Review the papers you receive to ensure they are correct.
3. Consider available defenses: There are many defenses to debt collection lawsuits and it is important to review those with a Fort Lauderdale debt defense lawyer. You may also be able to file bankruptcy to avoid further debt collection.
4. Negotiate: If you cannot file bankruptcy or defend the lawsuit, you may be able to negotiate a settlement for a lower amount than what is still owed on the debt. If you do reach a settlement agreement, it is important to get it in writing.

Our Debt Defense Lawyers in Fort Lauderdale Can Help with Your Case

If you have been notified of a lawsuit filed against you by Hayt, Hayt & Landau, our Fort Lauderdale debt defense lawyers can assist with your case. At Loan Lawyers, we know the best defenses available in these cases and we can also help you remove the debt from your credit report. Call us today at (954) 523-4357 or contact us online to schedule a free case review and to learn more.

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Sued by Surf Consultants in Florida?

Of all the debt collectors in Florida and throughout the rest of the country, Surf Consultants is just one. Still, this company aggressively pursues debt that has not been paid by borrowers and to do this, they will often file lawsuits against debtors. If you have received a summons or other notification that Surf Consultants has sued you, it is natural to panic and become worried about your financial future.

However, just because Surf Consultants has filed a debt lawsuit against you does not necessarily mean that they will be successful with it. A debt defense lawyer in Broward or Miami-Dade County can prepare a defense for your case and give you the best chance of a successful outcome.

Who is Surf Consultants?

Surf Consultants is not the largest debt collector in Florida or throughout the country, but that does not mean they do not pursue borrowers aggressively. Surf Consultants only has one employee across their locations and the key principal is Steven B. Sprechman. The company mainly files debt collection lawsuits throughout South Florida and they are usually represented by Sprechman and Associates.

How to Know if Surf Consultants has Sued You for Debt

Any time a person or company files a lawsuit against another individual, they must serve them with the lawsuit papers. These papers typically include the complaint, or the allegations against the person the lawsuit was filed against, and a summons, which clearly states in which court the lawsuit will be heard.

All lawsuits in Florida must be served by either a sheriff of the county or a special process server who is authorized by the rules of civil procedure. If someone has come to your home and asked you to sign legal papers, it means they have served you with a lawsuit. The most important thing to do at this point is to give the lawsuit the attention it deserves and to ensure you do not simply ignore it.

If you ignore the debt lawsuit, Surf Consultants can obtain a default judgment against you, which would allow them to garnish your wages or seize your bank account. The company, like all debt collectors, is hoping that you will in fact ignore the lawsuit as so many borrowers do so they can take this legal action right away. Truthfully, there may be many defenses available in your case, but you can only use them if you respond to the lawsuit appropriately. Usually, you have only 20 days to do this.

Defenses Available in Debt Collection Lawsuits

It is frightening to receive notification that a debt collector has filed a lawsuit against you, but it does not mean they will automatically be successful with it. There are many defenses borrowers raise to give themselves the best chance of success in debt-collection lawsuits. The most common of these defenses include:

• Improper service: Again, any time a person or company files a lawsuit against another person, they must follow a very specific process. When they fail to follow this specific procedure, the service is not lawful and this can provide a defense to the lawsuit. If you are alleging improper service, you must state this within your response to the complaint and the summons.
• Statute of Limitations: Like so many other legal issues, debt collection lawsuits are governed by a statute of limitations or time limit. In Broward and Miami-Dade Counties, this is five years from the date of the last payment. For example, if you have held a certain debt for several years, and you made a payment six months ago, the clock on the statute of limitations has only been ticking for six months. Even if you have carried the debt for more than five years, the statute of limitations has not expired because you made a payment within that time.
• Violations of the FDCPA: All debt collection practices in Florida, and throughout the rest of the country, are governed by the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits very specific actions on the part of debt collectors to protect borrowers from unfair actions. Under this law, debt collectors cannot call you multiple times in a day or week, call at certain hours, contact your family members, friends, or anyone else regarding your debt, or take other specific actions. If they do, not only can it serve as a defense in your lawsuit, but you can also take legal action against them to recover statutory damages.
• Lack of standing: Debt collectors must have a legal right, known as standing, to file a debt lawsuit against you. This may sound obvious but many times, companies such as Surf Consultants lack standing, and therefore, they do not have the right to sue you. This occurs very commonly in debt collection lawsuits because debt collectors do not only purchase debt from creditors and financial institutions but from other debt collectors, too. Debt often changes hands many times before a lawsuit is filed and so, a debt collector often does not own the debt when they file the lawsuit. This is a lack of standing and it is a very common defense.
• Debt was paid: Again, it sounds obvious that when a debt is paid, you cannot be sued over it. However, it happens all the time. Most often, this occurs when a borrower has paid the original creditor and is then sued by a debt collector for the same debt. Even if you have paid the wrong party, payment of the debt in full is a very strong defense to debt-collection lawsuits. Usually, in these cases, the debt collector is ordered to recover the debt from the original creditor.

Determining which defense is best for your case against a debt collector is not easy. A debt defense lawyer in Broward and Miami-Dade Counties can review the facts of your case and determine which argument will work best.

Our Debt Defense Law Firm in South Florida Can Provide the Sound Legal Advice You Need

If you have been sued by Surf Consultants, our Broward and Miami-Dade County debt defense lawyers can provide the legal advice you need. At Loan Lawyers, we have helped thousands of borrowers obtain a successful outcome with their debt collection lawsuits and we want to help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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Relief in the Face of a Garnishment

Our client came to us with a pending garnishment against his paychecks by a creditor that had obtained a judgment for more than $150,000.00 against him. Given the large balance at issue, our client knew that he would never be able to pay the debt in full. Furthermore, the judgment creditor was not open to any payment arrangement that would be affordable for our client. Our client was additionally concerned that the judgment creditor would go after any other assets that former may have. We reviewed our client’s circumstances and determined that it was best to file this client for Chapter 13 bankruptcy protection as soon as possible to stop all collection activity outside of the bankruptcy. This would give our client a little more peace of mind and prevent him from losing approximately 25% of his paycheck to the judgment creditor. For our client, this garnishment would be the difference between being able to afford his regular monthly bills and potentially not being able to afford his rent. So we got to work.

We promptly filed the Chapter 13 bankruptcy to stop the pending garnishment. We also included our client’s additional debts. At the time of the filing of the bankruptcy, our client owed close to $200,000 in debts, not including any secured debts.  We later discovered that our client also owed a small debt to the Internal Revenue Service.

Given our client’s situation, we proposed a thirty-six (36) month repayment plan that complied with the Bankruptcy Rules. This Chapter 13 plan proposed to pay the creditors a total of close to $17,000. This, in an of itself, would have been a great outcome for our client, but we did not stop there. As the case progressed, we paid close attention to the creditors that filed a proof of claim in the case and filed objections where it was deemed necessary and proper. Through this strategy, we were able to drastically lower the length of the Chapter 13 repayment plan to less than a year. The additional good news for our client is that his total repayment will be less than $10,000.00. This means that our client is on track to discharge about $190,000 in debts in less than 12 months. This is a 5% repayment plan on his total pre-filing debts.

Our client is incredibly happy with both the length and percentage of the debt repayment plan. Completing the bankruptcy for him will mean that he will no longer have to be concerned that he and his family will be left homeless because of a garnishment.

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated $100 million in mortgage principal and consumer debt, and have recovered over $25 million 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

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Going Beyond What is Expected: A Modification in the Face of a Denial

Client was more than four (4) years behind on this mortgage and he came to us for assistance in saving his home from foreclosure. Over the course of those four (4) years he had made countless attempts to save his home; however, those attempts were unsuccessful.

Our client filed Chapter 13 bankruptcy with us in mid-September 2021. Through his Chapter 13, we indicated that Debtor was going to participate in the Mortgage Modification Mediation Program (the “MMM”).  Understanding that if the MMM was denied we would need as much time as possible to cure and maintain the mortgage, we promptly submitted the documents request by the mortgage company for consideration for mortgage modification. Despite our best efforts, the modification request was unfortunately denied on the basis that the mortgage company could not come up with a lower payment.

In compliance with the Court’s rules, we promptly amended the plan to cure and maintain the mortgage. The Chapter 13 plan payments were on the high side, but Debtor was willing to do just about anything to save his family home. This includes working a total of three (3) jobs. Our client’s wife was also employed full-time. His children, who resided in the home, pitched in to assist in making the Chapter 13 plan payments. Seeing how hard our client and his family were fighting to save his home, we could not and would not give up on them. So to work we went. We attended the mediation set for the review of the mortgage modification- a move that was seemingly a waste of time when there was a denial already issued. During the mediation, we dug into the reason for the denial. The mortgage company made it clear that it could not propose a lower payment than our client already had. We acknowledged that and made the argument that we were not concerned about the payment being somewhat higher. We further noted that our client and his family were making the plan payments that were higher than mortgage payments. We noted that our client and his family just want to save their home. Eventually, we reached an agreement with the mortgage company to resubmit the modification paperwork and we are happy to report that the modification request was granted. To make the outcome even better, trial mortgage payment was only $300 higher than our client’s current monthly mortgage payment.

Our client and his family are incredibly happy, and we are incredibly happy for them.

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated $100 million in mortgage principal and consumer debt, and have recovered over $25 million 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

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Pitfalls to avoid if you have a Reverse Mortgage: Occupancy Issues

Reverse mortgages are offered by Federal Housing Administration (FHA) approved lenders to people that are 62 years old or older who have equity in their homes. The homeowner and the property have to meet all the requirements outlined by the lender to get approved for the reverse mortgage. Reverse mortgages allow homeowners to use some of the equity in the home to augment their income. For many seniors with equity in their homes who need supplementary income, reverse mortgages are a great way to support themselves as they approach or enter retirement.

What is the catch? Although there certainly are benefits for those that qualify for reverse mortgages, there are also several pitfalls that homeowners need to be aware of before they become reverse mortgage borrowers. There are quite a few ways that these reverse mortgage borrowers can end up involved as Defendants in a foreclosure lawsuit by defaulting on these reverse mortgages. Becoming a defendant in a foreclosure lawsuit puts these seniors at risk for losing the homes they worked hard for their entire lives.

What are some ways that these homeowners expose themselves to the risk of a foreclosure lawsuit? One way a reverse mortgage borrower can default on the reverse mortgage loan is by failing to certify their occupancy ever year. The terms of reverse mortgages require borrowers to occupy and use the property as their principal residence. On an annual basis, reverse mortgage lenders will require these homeowners to verify their occupancy. Typically, a certificate is sent to the borrower to complete and return to the lender in order to comply with this certification process. If the homeowners fail to meet this requirement this can trigger a foreclosure lawsuit.

How could a reverse mortgage borrower fall into this category of default? If the borrower forgets to complete and return the certification to the lender, the lender will interpret the failure to send in the certification as a breach of the terms of the reverse mortgage and accelerate the loan. Sometimes these senior reverse mortgage borrowers become ill or need additional care which puts them in a situation where they have to leave their home for extended periods and take up residence with a friend or family member, or perhaps at an assisted living facility to be able to attain the support that they need. When this situation occurs, the home ceases to become the principal residence of the borrower. At that point, the situation can also trigger a foreclosure lawsuit.

How do I avoid this pitfall? If you or someone you know is contemplating the pro and cons of a reverse mortgage or already has a reverse mortgage, keep this requirement in mind so that the certification requirements are complied with.

If you find yourself in a situation wherein you have already defaulted on the reverse mortgage and you are looking for a way to avoid foreclosure or a way out of foreclosure, contact us for a free consultation to see how we may be able to help you. Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated more than $100 million dollars in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations.  Give us a call today.

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Sued by Debski & Associates, P.A.? Here is What You Need to Do

Learning that someone has taken legal action against you is very scary. You will likely have concerns about what the future holds, wonder what to do next, and you may not even know what the lawsuit is about. These are things our Fort Lauderdale debt defense lawyers hear very often and in many cases, it is Debski & Associates, P.A. that has filed the lawsuit against a client.

If this law firm has taken legal action against you, it is important to know you are not alone. Below, our attorney advises on the most important actions to take if you have received notice of a lawsuit filed by Debski & Associates, P.A.

Understand the Nature of the Complaint

Many people who have learned that Debski & Associates, P.A. has filed a lawsuit against them wonder why, especially since they have never heard about the law firm before that time. Debski & Associates, P.A. is a law firm located in Jacksonville, Florida. The firm opened in 2002. At that time, the firm opened under the name Rubin & Debski, P.A. but the name was changed to Debski & Associates, P.A. in 2014.

Michael Thiel Debski is listed as the shareholder/partner on the firm’s own website. According to the Florida Bar, Debski has been licensed to practice law since 1996 and he does not have any actions regarding discipline filed against him in the past ten years.

The law firm is not accredited with the Better Business Bureau. However, the agency has provided them with an “A+” rating regardless of the fact that the firm has had two complaints filed against them since 2018. Under the old name of Rubin & Debski, P.A., the firm had seven complaints filed against it, according to the Consumer Financial Protection Bureau (CFPB).

The majority of lawsuits filed against people by Debski & Associates, P.A. involve debt collection. The law firm represents debt collectors and creditors who are owed debt by consumers and they hire the firm to file a lawsuit so they can collect on the debt.

Attend the Hearing

Many people are tempted to ignore a lawsuit filed against them by Debski & Associates, P.A., with the hopes that it will go away. It will not. If the law firm has filed a lawsuit against you, they have every intention of pursuing it and using every resource they have against you so they can win their case. Ignoring the lawsuit will only make this much easier for them.

If you ignore the lawsuit, an attorney from Debski & Associates, P.A. will appear at a hearing. When you do not show up, they will seek a default judgment against you and they will likely win their case. After obtaining the default judgment, the firm will then be able to garnish your wages, freeze your bank account, or take other action that will help them recover the debt you owe to their client.

Depending on how much debt you owe, there are different types of courts in which your hearing may be scheduled. If your case will be heard in small claims court, you will have to appear at a hearing known as the case management conference. If you are required to appear in county or circuit court, you will have 20 days to file a written response from the day you are served with the papers related to the lawsuit. If you do not appear at your hearing, or you do not file a response, the law firm will be able to obtain a default judgment.

To avoid a default judgment, it is imperative that you appear at your hearing or file a proper response. This is the first step in defending yourself and giving yourself the best chance of a successful outcome with the case.

Review the Documentation Carefully

You will receive a lot of paperwork that will be used against you in the lawsuit. Too many people simply assume these records are accurate and they do not even give them a second glance. This is a mistake.

By the time a lawsuit involving debt collection has gotten to the point where it is about to go to court, the debtor’s account has changed hands many times. During that time, the paperwork has also changed hands several times and important documentation may have gotten lost along the way. Or, the documents may not be accurate and may show that you do not owe the debt, or that the amount is wrong. When the paperwork is inaccurate, it could provide a defense that could help you win your case.

Review Your Options

It may not seem as though you have many options when a lawsuit is filed against you, but that is not true. If you can afford to settle the debt for a smaller amount than what you actually owe, that may be an option. Or, you may be able to file for bankruptcy and you will not be responsible for paying the debt at all. A Fort Lauderdale debt defense lawyer can advise you on the options available and recommend the one that is right for your case.

Negotiate and Settle

If a debt settlement is your best option, you will have to negotiate an amount to pay. For most people, this is very difficult, which is why it is usually recommended that individuals work with a lawyer. An attorney will have the necessary experience to negotiate a fair settlement amount and will draft the agreement, as putting it in writing is crucial so the company or firm does not raise a dispute in the future.

All Our Consumer Debt Lawyer in Florida Today

If Debski & Associates, P.A. has filed a lawsuit against you, it is important that you speak to a Florida debt defense lawyer instead of going it alone. At Loan Lawyers, we will advise you of your options and represent you throughout the entire case to give you the best chance of a positive outcome. Phone us today at (954) 523-4357 or connect with us online to request a free review of your case.

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Sue LVNV/CACH for Debt Collection Harassment

If you have been harassed by any debt collection company, it is important to know they may have broken the law. When that is the case, you can file a lawsuit against them to recover certain damages. Filing your own lawsuit against any debt collector that uses harassing or threatening tactics is important. Not only will it ensure you are not the victim of such tactics again, but it will hold the company accountable and help ensure they do not take such action again.

Two debt collection companies that are often named in harassment lawsuits are LVNV/CACH. If you have received letters or phone calls from this company and you believe they were harassing you, there are things you can do to make it right. Below, our Florida debt defense lawyer advises on what those are and can help you through the process.

What is LVNV/CACH?

LVNV is a debt collector that is based out of Charleston, South Carolina. Even though they are not based in the state of Florida, they still file thousands of lawsuits against Floridians, and against other borrowers throughout the country, every year. LVNV Funding also works with Resurgent Capital Services to collect on their debt.

CACH, on the other hand, is a debt collection company based out of Denver, Colorado. This debt collector also goes by the name SquareTwo Financial. Regardless of whether you have been contacted by LVNV or CACH, they are likely trying to collect on a debt. Both of these companies, and other debt collectors in Florida, purchase debt from banks, credit card companies, healthcare providers, and more for pennies on the dollar. Once they have bought the debt, they can then try to recover the whole amount. Any difference between what they paid for the debt and what they are able to recover is then pure profit for them.

Credit Reporting Errors Involving LVNV and CACH

Many people think that when LVNV, CACH, or other debt collectors sue them or report them to the credit bureaus, the information they provide is accurate. These companies have been known to make mistakes though, and that includes reporting borrowers to the credit bureaus when they do not have the right to do so.

If LVNV or CACH has wrongfully reported you to any credit bureau, such as TransUnion or Equifax, you do have the right to file a dispute with the bureau. The credit bureau will conduct an investigation, forward all documents to the debt collection company, and report back to you with the results. The only exception to this is when the credit reporting agency determines that the dispute is frivolous. Even when that is the case, the bureau must notify you within five days that they have made that determination.

If the credit reporting bureau finds that the information is inaccurate, the debt collector will have 30 days to remove the information from your report. If they do nothing to correct the error, you may then be able to file a lawsuit against the debt collector. A consumer debt lawyer can help you file this lawsuit and provide the sound legal advice you need.

Suing for Violations of the Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) is federal legislation that governs the actions of debt collectors such as LVNV and CACH. The law was enacted to ensure that debt collectors treated borrowers fairly and respectfully when they are trying to recover the debt owed to them.

Just a few of the acts that are prohibited under the law include:

• Threaten you with legal action, negative credit reporting, or of garnishing your wages without actually intending to carry out those threats
• Contact anyone who does not owe the debt and speak to them about the details of it
• Contact your employer or contact you at your place of employment if you have asked them not to do so
• Call at unreasonable times, such as before 8:00 in the morning or after 9:00 at night
• Use obscene or profane language during phone calls with you
• Send letters of collection that appear to be from a government office or from a court

You can file a lawsuit against any debt collector who has broken the law and harassed you. However, it is essential that you confirm the debt collector has violated the law before you file your lawsuit. If a court believes you filed the lawsuit in bad faith, that is while knowing the debt collector did not commit any violations, a judge will not look kindly on you and that will hurt your case.

It is for this reason that it is critical you collect as much evidence as possible before filing your lawsuit. This evidence may include harassing letters the debt collector has sent you, and detailed notes about conversations you have had with the debt collector and what was said during those discussions. Without this evidence, even a legitimate lawsuit may be dismissed, which will mean you will not receive the damages you are likely entitled to.

Damages Available in Debt Collection Harassment Lawsuits

If you file a lawsuit against a debt collector such as LVNV or CACH and are successful, you may be able to recover certain damages. You can pursue damages for any losses you actually sustained. For example, if your employer fired you because the debt collector would not stop calling the place of business, you can pursue damages for your lost income.

The law also allows you to claim $1,000 in statutory damages if a debt collector harasses you. These damages are in addition to the compensation you can recover for your actual losses.

Our Consumer Debt Lawyers in Fort Lauderdale Can Help with Your Lawsuit

Whether you are defending yourself in a lawsuit filed by a debt collector, or you need to file your own on the grounds of harassment, our Fort Lauderdale consumer debt lawyers can help. At Loan Lawyers, we have helped thousands of clients successfully beat their debt collection lawsuits and obtain the damages they deserve and we want to help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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Scholarship Winner Announcement

After reviewing the many persuasive submissions, Loan Lawyers is pleased to announce the winners of our 2021 Scholarship Essay Contest. 

Congratulations to the winners of our 2021 scholarships:

Abigayle Wilson (Lumberton High School)

Gabrielle Kelly (Western Governors University)

Our winners discussed what financial freedom means to them and how they will achieve it in the future. 

Abigayle attends Lumberton High School but hopes to attend Sam Houston State University in Huntsville, Texas, for college to study business management. She enjoys reading books on government and politics in her free time. Above all, Abigayle strives to make everyone around her feel included. She describes financial freedom as going “hand in hand with not living paycheck to paycheck.” Her plan for financial freedom includes getting as much scholarship support as possible for her college education. She also plans to work part-time throughout college.

Gabrielle is pursuing her Bachelor’s in Accounting through Western Governors University. She believes that financial freedom is the ability to take of yourself and your family now and in the future. Her plan is to live frugally now in all aspects of life, including groceries, gas, clothing, and other expenses. She states, “I believe that I can obtain such a life as long as I work hard now to be able to sow the fruits of my labor later.” Gabrielle’s hobbies include music, art, reading, and spending time with her family.

Why Loan Lawyers Sponsored the 2021 Scholarship Essay Contest

Loan Lawyers knows that no one wants to be in debt, but sometimes there are circumstances out of our control. This can put even the most financially responsible into debt. If you’ve found yourself in debt you cannot handle, we’re here to help. However, it’s important to us that our youth learn financial freedom now so that they don’t end up in debt later. 

That’s why we’ve encouraged young people to apply for our scholarship and consider what efforts they can make now and in the future to be financially responsible. Forming good habits now will lead to good habits in the future.

About Loan Lawyers’ Annual Scholarship

Our winners submitted 800-1,000 word essays answering the following questions:

• What does financial freedom mean for you?
• How can you achieve it in the future?

Our two winners will receive $750 to go towards their educational expenses. Loan Lawyers looks forward to seeing how Abigayle and Gabrielle continue to grow and learn financial literacy. 

Find Financial Security with Loan Lawyers Law Firm in Fort Lauderdale, FL

You may still find yourself in debt even when you plan everything perfectly. Loan Lawyers is here to find the best financial solution for our clients. As one of the best Foreclosure Defense, Debt Defense, and Bankruptcy Law Firms, we will pursue every option we can to get you back on your feet and financially free. 

If you need debt relief, contact us today for your free consultation.

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How Long Does it Take to Stop a Foreclosure?

If you have been notified by your mortgage lender that they are going to start the foreclosure process because the home loan is in default, you are likely wondering if you can stop the foreclosure. Due to the fact that the foreclosure process is sometimes a long and stressful one, you also probably want to stop it as soon as possible.

You can try and stop the foreclosure from proceeding at any point in the process, even after the home has been sold at a foreclosure auction. Different phases of the process will take different periods of time and to understand when you can stop the foreclosure, you must first know what those are. Our Fort Lauderdale foreclosure defense lawyer explains when and how to stop a foreclosure below.

Stopping the Process During Pre-Foreclosure

Stopping the foreclosure process during the pre-foreclosure phase is ideal because foreclosures are stressful, time-consuming, and can even be quite expensive. During the pre-foreclosure phase, the lender must notify you that the home loan has fallen into default. However, at this time, the lender has not yet filed a foreclosure lawsuit with the court.

The length of time the pre-foreclosure stage takes will depend on the facts of the specific situation. Still, under the Dodd Frank Act, you have at least 120 days. This is known as the loss mitigation period and lenders are prohibited from filing a foreclosure lawsuit during that time. The 120 days start from the date of the first missed mortgage payment.

Once the 120 days have expired, the lender can usually start the foreclosure process by publishing a notice of default and eventually selling the home at an auction. In some cases, it is possible to extend the 120-day period. You must contact the bank and ask for a loss mitigation package. After you fill out this paperwork and submit it to your lender, they are required to inform you of whether you are eligible for loss mitigation. Even if you are not, the length of time it takes the lender to review your paperwork can delay the foreclosure process from moving forward.

You can stop the foreclosure from happening at any point during the pre-foreclosure phase. As long as you can pay the deficiency and bring the loan current, this is enough to stop the foreclosure immediately.

Stopping the Foreclosure Sale

If your case proceeds to the point where the lender has filed a notice of default and submitted their complaint to the court, the foreclosure lawsuit will proceed. If the lender is successful with their case, the home will then be sold during a foreclosure auction. The lawsuit will take anywhere between 180 and 200 days, on average, and that is if you do not contest it. The lawsuit will take longer if you contest the lawsuit by raising an appropriate defense.

Some of the most common defenses used in foreclosure cases are as follows:

• Lack of standing: Lenders must have legal standing to file a foreclosure lawsuit. Essentially, this means the lender must have been harmed by your failure to make mortgage payments. If the lender was not harmed, they do not have standing and this could be enough for a judge to dismiss the case.
• Insufficient notice: Most mortgage loans require the lender to notify you of the foreclosure before they file a lawsuit, and that notice must be given within a certain period of time. If your lender did not provide adequate notice, it can serve as a defense.
• Unclean hands: To prove the lender has unclean hands, you must show the bank took action that caused or contributed to the foreclosure. For example, if the lender agreed to delay some of your mortgage payments but then foreclosed on the property after you did not pay, that would be considered unclean hands.
• Failing to properly account for mortgage payments: There are very specific rules under both state and federal law lenders must follow when applying payments and charges to mortgage loans. If the lender did not comply with these laws, it could serve as a defense to foreclosure.
• Non-compliance with HUD requirements: The U.S. Department of Housing and Urban Development (HUD) offers many loan counseling options to homeowners. Lenders are required to inform borrowers of these options and when they do not, it can serve as a foreclosure defense.

A Fort Lauderdale foreclosure defense lawyer will review the facts of your case to determine which defense is best. The amount of time it will take to stop the foreclosure will depend on which defense is used.

The Right of Redemption

Using the right of redemption does not necessarily stop the foreclosure because before you can exercise this right, the foreclosure must have already gone through. However, the right of redemption can help you get your home back after the foreclosure auction.

The statutory right of redemption allows you to reverse a foreclosure sale after the auction was held and the home was sold. Under the law, you can pay off the total debt, including the principal balance, interest, and other costs and keep your home. You only have a limited amount of time to do this, though. Usually, borrowers are only given ten days to exercise their right of redemption. The amount of time you have will depend on the order from the foreclosure court, or the filing of the certificate of sale, whichever is later.

Our Foreclosure Defense Lawyer in Fort Lauderdale Can Help You Stop the Process

If your lender has notified you that they will begin the foreclosure process, your biggest concern is likely how to stop it. At Loan Lawyers, our Fort Lauderdale foreclosure defense attorneys know the defenses available that can help you stop the process and give you the best chance of keeping your home. Call us today at (954) 523-4357 or fill out our online form to schedule a free case review and to learn more about your legal options.

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Cooling and Winter, LLC – Stop Wage Garnishment and Lawsuits

If you have received a letter or legal documents from Cooling and Winter, LLC, you may not understand the legal jargon within, or if you do, you may be worried about your financial future. Receiving documentation from this law firm may mean that they have filed a lawsuit against you, and that they want to take further legal action, such as garnishing your wages. It is important that you respond to the lawsuit right away, so you can defend yourself and avoid legal action. A Fort Lauderdale debt defense lawyer can prepare the defense that will give you the best chance of a positive outcome.

 

Cooling and Winter, LLC Represents Creditors

Cooling and Winter, LLC, is a law firm that is located in Marietta, Georgia. The law firm represents creditors such as Bank of America and Capital One, so if you have a debt with either of these institutions, or any other, and it is in default, there is a good chance Cooling and Winter, LLC will be the law firm to contact you. While Cooling and Winter, LLC does represent some of the biggest financial institutions in the country, they also represent debt collection companies and companies that purchase defaulted student loans.

Companies that retain Cooling and Winter, LLC as their legal representation have typically tried to recover the debt from borrowers on their own without success. As such, even if you have not heard from the law firm yet, but you do have unpaid credit card debt or a student loan that has fallen into default, it is important to know that you may hear from Cooling and Winter, LLC at some point in the future.

Cooling and Winter, LLC May Try to Garnish Your Wages

As a borrower, it is important to understand that after a credit card company or student loan lender hires a law firm such as Cooling and Winter, LLC, they are trying to obtain a court order to collect on that debt. Once they Cooling and Winter, LLC, the law firm will take the necessary steps to petition the court to garnish your wages or your bank account.

If they are successful with trying to garnish your wages, your employer will legally have to take up to 25 percent of your wages off of every paycheck. The wages they garnish will go towards the amount of debt you owe and the company will continue to garnish your wages until the debt is completely paid off. If the company is successful with their case and they are able to garnish your bank account, they can take whatever is owed to them directly from that account.

Why is Cooling and Winter, LLC Calling You?

There are a number of reasons why Cooling and Winter, LLC may be calling you. However, if they are phoning or sending you letters, you may face legal action at some point in the future. If the law firm is calling, they are likely preparing to sue you, are in the process of suing you, or they have already filed their lawsuit and obtained a successful outcome.

You may think Cooling and Winter’s attempt to contact you constitutes harassment because they are calling so often. If you feel as though the law firm is harassing you, it is also natural to wonder if you can take action against them. The answer to that question remains unclear. The debt collectors that Cooling and Winter, LLC represents are required to comply with the Fair Debt Collection Practices Act (FDCPA). This piece of federal legislation prohibits debt collectors from calling at certain times, contacting you several times a day, and other unfair debt collection practices.

However, the FDCPA largely only pertains to debt collectors. Prior to 1986, the Act included a statutory exemption for attorneys, meaning there was no question that the law did not apply to lawyers and law firms. In 1986 though, the law was amended to remove that statutory exclusion. Since that time, many lawyers have become the target of lawsuits that cite violations of the FDCPA.

Some courts have allowed these lawsuits to proceed while others have thrown them out, claiming that lawyers are not debt collectors and so, not subject to the FDCPA. If you feel as though Cooling and Winter, LLC is harassing you, it is important to speak to a Fort Lauderdale debt defense lawyer that can advise on your case.

Respond to Any Lawsuit Filed By Cooling and Winter

Many times when Cooling and Winter, LLC files a lawsuit against a borrower, the debtor ignores it and does not appear in court. This is the easiest way for Cooling and Winter, LLC to win their case. If you do not respond to the lawsuit and do not appear in court, the law firm will ask the judge for a default judgment in their favor, which the court will likely grant. Then, the law firm will pursue the wage garnishment and there will be little you can do about it.

A Fort Lauderdale debt defense lawyer can prepare a defense that will give you a good chance at winning your lawsuit. There are several defenses in these cases, such as if the statute of limitations expired or the debt collector Cooling and Winter is representing cannot prove that they own the debt. In some cases, a lawyer may also negotiate a payment plan with Cooling and Winter, LLC. This can stop the wage garnishment while allowing you to repay the debt in a manner that is more affordable for you.

Call Our Fort Lauderdale Debt Defense Attorney Today

If you have been contacted by Cooling and Winter, LLC, it is important to speak to our Fort Lauderdale debt defense lawyer today. At Loan Lawyers, our skilled attorney will review the facts of your case to determine the best defense, or negotiate with the law firm on your behalf to give you the best chance of avoiding a wage garnishment and other negative legal actions. Call us today at (954) 523-4357 or fill out our online form to schedule a free case review.

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