Lawsuit Against William C. Grossman Law, PLLC

Receiving notice that William C. Grossman Law, PLLC has filed a lawsuit against you is very scary. You may not know why you are being sued, or what next steps to take. Any time a lawsuit is filed against you, it is natural to feel stressed, angry, and confused. Fortunately, there may be no need to worry when you receive such notice from William C. Grossman Law, PLLC. There is a good chance the lawsuit is unlawful and when that is the case, you can file a lawsuit against the firm. Below, our Broward County debt defense lawyer explains what you need to know.

Who is William C. Grossman Law, PLLC?

William C. Grossman Law, PLLC is a law firm based in East Amherst, New York. However, they file lawsuits against borrowers across the entire country, including right here in Florida. The firm represents some of the biggest debt collectors in the country, such as CACH, LLC. William C. Grossman Law, PLLC does not always act fairly and they even often step outside of the law when suing or contacting borrowers. It is for this reason that they have been named in a number of individual and class action lawsuits regarding debt.

What Do the Lawsuits Against William C. Grossman Law, PLLC Allege?

There have been a number of lawsuits filed against William C. Grossman Law, PLLC. The vast majority of them argue that the firm did not comply with the law when filing lawsuits of their own. One notable case was Felendler v. William C. Grossman Law, PLLC, which alleged that the firm violated the Fair Debt Collection Practices Act.

In this specific lawsuit, the plaintiff alleged that they received a phone message stating that the caller had “an important message from the Law Office of William C. Grossman.” It was the first time the borrower had heard the name of the law firm. Under the Fair Debt Collection Practices Act (FDCPA), this is illegal. It is against the law to mention an attorney or a law firm if the lawyer or practice was not personally and directly involved in the borrower’s account up until that point.

Mentioning an attorney or a law firm is an intimidation tactic used by certain attorneys and debt collectors in an attempt to get borrowers to pay a debt. It is for this reason that legal counsel should never be mentioned unless the debt collector has already filed a lawsuit or has full intention to take legal action.

What to Do if William C. Grossman Law, PLLC Has Sued You or is Threatening To

The most important thing to do if William C. Grossman Law, PLLC has threatened legal action against you is to retain any communications they send you. If the law firm phones you, keep all messages they leave and take detailed notes if you speak to them. Write down the name of the representative you spoke to, as well as what was said during the conversation. You can also tell the representative that you only want to be contacted in writing from now on. Once you tell them that, it is illegal for them to contact you using any other method.

If William C. Grossman Law, PLLC does threaten to file a lawsuit against you, but they do not serve you with a summons, tell the person you speak to that they are in violation of the FDCPA. You can then file a complaint against them with the Federal Trade Commission, the Consumer Financial Protection Bureau, and Florida’s attorney general office.

You also do not have to communicate with William C. Grossman Law, PLLC, or any debt collector they represent, if you choose not to. You can ask them to stop contacting you entirely and under the FDCPA, they must comply with your request. Once you have told them this, they are only allowed to contact you for one of two reasons. The first is to tell you they will no longer contact you, and the second is to inform you of a lawsuit or other legal action they have taken against you.

It is not always easy to determine whether the threats made by William C. Grossman Law, PLLC are real, or if they are only an attempt to get you to pay a debt. You may not even owe the debt they are alleging you do. It is always best to speak to a Broward County debt defense lawyer who can advise on the law and how you can best protect yourself.

Damages Available in a Lawsuit Against William C. Grossman Law, PLLC

Any time a law firm or debt collector violates the law, you can file a lawsuit against them. Under the FDCPA, you can claim damages for any loss you have suffered. For example, if the debt collector or law firm has repeatedly called you at work knowing your employer disapproves and you were fired as a result, you could sue for lost income. You can also include $1,000 in statutory damages in your lawsuit.

Florida debt collection lawsuits are also governed by the Florida Consumer Collection Practices Act (FCCPA). You can also file a lawsuit against debt collectors and the law firms that represent them under this law. Within your lawsuit, you can file a claim for actual damages, such as the lost income in the above example, additional statutory damages up to $1,000, and punitive damages. You can also include legal fees for the cost of your attorney, injunctions, and court costs. A Broward County debt defense lawyer can advise on which damages you can claim and help you file your lawsuit.

Call Our Debt Defense Lawyer in Broward County Today

At Loan Lawyers, our Broward County debt defense attorney knows the unscrupulous tactics certain law firms and debt collectors use. We also know how to hold them accountable and help you recover the full damages you deserve. Call us today at (954) 523-4357 or contact us online to schedule a free case review.

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Is Foreclosure About to Hit Your Home? Get a Foreclosure Defense Lawyer to Protect Your Property

If you have missed several mortgage payments, you may have started thinking about the possibility that your lender will foreclose on your home. Too many homeowners make the mistake of thinking the situation is hopeless. Instead of talking to a Fort Lauderdale foreclosure defense lawyer, they start preparing to move. This is one of the worst things you can do.

A foreclosure defense lawyer can explain the several defenses that may be available in your case. Many foreclosure defense lawyers offer free consultations, so it will not cost you anything to speak to one and get the sound legal advice you need. During a consultation, an attorney can outline your options and the possible defenses you may be able to use to save your home, and protect your financial future.

Review Your Options with You

After missing several payments, you may think you only have two options. The first is to repay the debt to bring the loan back into good standing, and the second is to start packing your bags and preparing to move. Fortunately, this is not true. You have many options available to you when you are facing foreclosure, and a lawyer can explain what these are. Among the options available may be a loan modification, loss mitigation, a short sale, a deed-in-lieu of foreclosure, and more.

Just because one option is right for one case does not mean it is the right choice for every scenario. A lawyer will explain the benefits and advantages of each option and how they will affect your future. A lawyer will also guide you through the process of whichever option you choose, and ensure no mistakes are made so your case proceeds as smoothly as possible.

Reaching a Settlement with Your Lender

In certain cases, homeowners can avoid foreclosure and may not even have to build a case for their defense. This is because lenders are often willing to work with homeowners to allow them to stay in the home. Truthfully, lenders have no real desire to foreclose on homes. It is an expensive process for them, it sometimes mean they cannot recover the money from the loan, and they are left with a property they do not want.

Lenders are often willing to work with borrowers to reach a lower amount than what is owed. This allows them to recover at least a portion of the debt and saves them from the time-consuming process of foreclosure. A foreclosure defense lawyer will have the expertise, skill, and experience to enter into these negotiations for you and reach an amount with the lender that is more affordable for you.

Represent You at Trial

Florida is a judicial foreclosure state. This means that before a lender can foreclose on your home, they must file a lawsuit against you. During a trial, they then must raise arguments for foreclosing on your home and only if they can convince a judge will they be successful.

For many homeowners, going to trial is a very intimidating prospect. A foreclosure defense lawyer can make it much easier. A lawyer will also know the applicable defenses to raise that can help you save your home. For example, lenders often bundle mortgages together and then sell them to investors. When they do that, they no longer have standing to file a lawsuit against you. Standing means the lender has legal grounds to file a lawsuit. Essentially, they have lost something or will lose something if you do not repay the loan.

An attorney will review the facts of your case to determine which defense is best for your case. A lawyer will also collect evidence to prove your case so you are successful in court.

Shield You from Deficiency Judgments

You may think that if you walk away from your home, or lose your case during trial, you will not have to repay the loan. Some people even see this as the only beneficial thing that comes out of a foreclosure case. Unfortunately, it is not true. A mortgage loan is a legal document, and it is binding. As such, even if you end up losing your home in foreclosure, you may still end up paying the amount you still owe your lender.

During trial, your lender may ask the judge to issue a deficiency judgment against you. They will raise arguments for why the court should grant this request and if they are successful, you will still be responsible for paying the full amount you owe. For homeowners that are facing foreclosure, a deficiency judgment is particularly challenging. People who cannot pay their mortgage are already in financial hardship, and you will also be facing additional expenses, such as that of a new home. A lawyer can defend against the request for a deficiency judgment so you do not face even more financial burdens.

Assist with Bankruptcy Filing

Filing for bankruptcy will have certain negative consequences. For example, the bankruptcy will remain on your credit report for at least seven years. However, filing for bankruptcy can actually help you keep your home. If you file Chapter 13 bankruptcy, your debt, including your mortgage loan, can be reorganized into a payment plan that is more affordable for you.

If you file Chapter 7 bankruptcy, you can still keep your home. Unlike in many other states, Florida law provides for a homestead exemption that protects the equity in your home up to an unlimited amount. This means that regardless of how much equity you have in your home, you can still keep it in a Chapter 7 bankruptcy.

Let Our Foreclosure Defense Lawyers in Fort Lauderdale Help with Your Case

If you have missed several mortgage payments and are in fear of losing your home, our Fort Lauderdale foreclosure defense lawyers can help. At Loan Lawyers, we have helped thousands of people stay in their homes, and we want to help you, too. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation.

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Common Mistakes in Foreclosure Cases

Whether your lender has informed you they are going to foreclose on your home, or you are just behind on mortgage payments, you are likely very concerned about the future of your home. It is true that after you miss a few payments, usually about four, your lender may start the foreclosure process. That still does not necessarily mean that you will lose your home.

There are many defenses available in foreclosure cases, and they can prevent you from losing your home. They can also shield you from other negative consequences, such as having a deficiency judgment filed against you. However, one small mistake could really hurt your case. Below, our Fort Lauderdale foreclosure defense lawyer outlines the biggest mistakes made in foreclosure cases, and how to avoid them.

1. Not Communicating with Your Lender

Your lender will try to contact you several times before they start the foreclosure process. Many people ignore these communication attempts because they believe ignoring the problem will make it go away. It will not. It will only make things worse. Homeowners also often think their lender will be upset and angry when they call, but that is not true, either.

If your lender is contacting you, it is likely because they want to work something out with you that allows you to keep your home and continue making mortgage payments. Always respond any time your lender tries to communicate with you to learn more about the options available to you.

2. Failing to Negotiate with Your Lender

Although you may owe a certain amount to the lender, you could also negotiate for a lower amount. Many people fail to even consider this option because they do not have a lot of experience negotiating. That is natural, but a Florida foreclosure defense lawyer will have the necessary experience to successfully negotiate a lower amount for you.

3. Not Understanding All of Your Options

The sad truth is that when a lender starts the foreclosure process, some people do lose their home. However, not all homeowners do. There are many defenses available in foreclosure lawsuits, and using any one of these could prevent you from losing your home. Other options can also help protect your credit score in case you do lose your home. These include negotiating a deed-in-lieu of foreclosure with the lender or selling the home through a short sale. Filing bankruptcy can also help you keep your home, while also discharging other debt that could make it easier to pay your mortgage payments.

4. Intentionally Causing Property Damage

You may become very angry with your lender, particularly if they do not want to negotiate an agreement with you. You may become so angry in fact, that you want to damage the property. It may sound unfathomable, but it happens all the time. It is critical that you do not damage the home even if it looks like you will lose it. Your lender could press criminal charges against you for vandalizing the premises, and you will most likely have to pay for any damage you caused. That could make things very difficult, especially if you are already having trouble making your mortgage payments.

5. Refusing to Perform Regular Maintenance

You may think that while the lender can hold you responsible for any property damage you cause, there is nothing they can do about negligent maintenance. Although that may be true, refusing to perform regular maintenance can still hurt you in the long run. If you do not mow the law, pull the weeds, and make small repairs, it will be harder to sell the home in case that is ever necessary.

Many people leave the home immediately after they learn the foreclosure process has started. This is a mistake in and of itself, but even if you leave for a short period of time, it is important that you do not turn off the utilities. The home must remain in good condition, which means making sure wildlife cannot get inside, and that the home is not so damp that mold could start to form.

6. Not Saving for After the Foreclosure

Regardless of how your foreclosure case ends, you will need money afterwards. If the lender is successful with their foreclosure case, you will have to find a new place to live. A foreclosure will also affect your credit score, which could make it even more difficult to find a place to rent. Start saving as soon as you learn the lender is considering foreclosure so you can pay rent, moving expenses, and security deposits.

7. Keeping the Home

Many people hold onto their property because of sentimental reasons, but that is a mistake. You may be able to keep your home and in some cases, this is the best option. Before determining whether or not this choice is right for you though, take a great deal of consideration. If you cannot pay your current mortgage payments, you have to consider whether you will be able to pay them in the future. You also have to ask yourself if you think you can afford the property taxes, cost of regular upkeep, and the other expenses associated with the home. If you cannot, you will only find yourself in the same situation in the future.

8. Not Having a Plan

Thinking about foreclosure is never pleasant and so, you may try to keep your mind off of it. However, it is critical that you give the foreclosure the considerable thought it deserves. Regardless of how the foreclosure case goes, you will need a plan moving forward and now is the time to start thinking about it. Think about whether you will need to move to a new home, start packing your belongings, and other tasks related to moving. Even if you plan to defend the foreclosure and keep your home, you will need a plan for how you will pay your mortgage so you do not have to face foreclosure again.

9. Not Working with a Foreclosure Defense Lawyer in Fort Lauderdale

You are not required to work with a Fort Lauderdale foreclosure defense lawyer, but an attorney will give you the best chance of a successful outcome. At Loan Lawyers, our skilled attorneys know the best foreclosure defenses and will use them to obtain an outcome that is most favorable to you. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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The Law Offices of Erskine & Fleisher Lawsuit Defense in Florida

If you have received notice that the Law Offices of Erskine & Fleisher have filed a lawsuit against you, you may wonder why they took legal action against you. Erskine & Fleisher is a law firm based right here in Sunrise, Florida and they mainly represent credit card companies and debt collectors. The named partners at the firm are Stanley Brian Erskine and Andrew David Fleisher. The firm is not registered with the Better Business Bureau (BBB), which is likely due to the fact that the practice has so many complaints already lodged against them.

After Erskine & Fleisher has filed a lawsuit against you, it is important to speak with a Florida debt defense lawyer. Erskine & Fleisher has so many complaints against them because they often try to collect on debt that is no longer owed. A lawyer will refute their claims, hold them accountable for verifying the debt, and give you the best chance of a positive outcome.

Complaints Against Erskine & Fleisher

Failing to have a BBB listing is not enough to shield the Law Offices of Erskine & Fleisher from complaints. The firm’s Google Business Profile has only two reviews and in each of those, they were given only one star by both users. Other websites have multiple complaints listed about the law firm. The complaints vary in detail, but they all allege that the Law Offices of Erskine & Fleisher pursue fraudulent debt. Some of the reviews state that the law office engaged in the following actions:

• Pursued debt six years after it was paid
• Froze consumers’ bank account
• Threatened to seize a person’s bank account when they do not have an account with that bank
• Lied about presenting documents to the court
• Submitted fraudulent documents to the court
• Refused to offer a lower settlement amount

Not all of the above actions are illegal, but some of them are. If the Law Offices of Erskine & Fleisher has taken legal action against you, it is imperative that you speak to a Florida debt defense lawyer today.

What Debt Collectors Can and Cannot Do

Law firms that represent creditors or debt collectors are considered debt collectors themselves. As such, they are required to comply with the Fair Debt Collection Practices Act. If they do not, they can be held liable for paying damages.

Debt collectors are allowed to contact you if you have not paid your debt, or if a mistake was made on your account. Debt collectors can try to contact you using email, regular mail, fax, and by telephone. They are not, however, allowed to contact you or your family so regularly that the attempts could be considered harassment. Debt collectors also cannot contact you at work if they know your employer disproves of it. Debt collection attempts also cannot be made before 8:00 in the morning or after 9:00 at night.

After a debt collector has contacted you, they are required to send you a written notice five days after the contact. The notice must inform you of the amount of debt you are required to pay back, the name of the creditor you owe, and the next steps to take if you do not agree that you owe the debt. If you do not think you owe the debt, contact the debt collector within 30 days of contact. Tell them you do not believe you owe the debt and after that, they cannot contact you unless they can prove you owe the debt.

If you want the debt collector to stop contacting you, write them a letter asking them to stop. After you do this, they are required to stop contacting you. The only exception to this is if they inform you that they will no longer contact you, or to give notice that they are going to take legal action against you. They cannot threaten legal action if they have no intention of following through with it.

The above are just a few of the requirements debt collectors must follow when trying to collect from borrowers. It has been well documented that the Law Offices of Erskine & Fleisher have violated the Fair Debt Collection Practices Act, as well as state law which largely mirrors the federal legislation. If you have been harassed, you should speak with a Florida debt defense lawyer who can defend against the debt lawsuit, and help you claim further damages.

The Law Offices of Erskine & Fleisher Must Prove Their Case

When the Law Offices of Erskine & Fleisher file a lawsuit against borrowers, they must prove their case. Essentially, they must prove two important elements of their case.

The attorneys must prove that their client, the debt collector or creditor that took legal action, owns the debt. In the case of debt collectors specifically, this is often very hard to do. Debt collectors purchase many different accounts of borrowers in large volumes. They do not always keep track of the paperwork and so, they cannot prove that they own the debt.

The attorneys at Erskine & Fleisher must also show that you owe the debt. This is also very difficult to do, as has been documented in the complaints against them. Sometimes, a borrower has repaid the debt but the law firm continues to pursue them for it anyway. Even if the law firm can prove that you owe the debt, they must also prove the amount you owe.

When Erskine & Fleisher cannot prove the above elements of their case against you, a judge may throw it out of court, so you do not face any legal action. Too many people assume that the law firm has already prepared a strong case and so, they do not even try to challenge the facts presented. Working with a lawyer who can do this for you is the best way to defend your case.

Call Our Debt Defense Lawyers in Florida Today

At Loan Lawyers, our Florida debt defense lawyers have successfully fought lawsuits filed by Erskine & Fleisher, and we want to put our experience to work for you. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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What to Do if Modlin Slinsky, P.A. Contacts You About an Unpaid Debt

Modlin Slinsky, P.A is one of the smaller law firms in Florida that represent debt collectors. They are located in Sunrise, Florida, and currently only have five employees operating out of their office. Although they are not one of the biggest law firms representing debt collection companies, it does not mean they do not pursue lawsuits aggressively. They do so in the hopes that they will be able to collect on the debt for their client and many times, they are successful.

It is very intimidating to have a law firm contact you, particularly if they have included notice of a lawsuit they are going to file, or have already filed, against you. People often panic once a law firm starts contacting them, but it is important you do not. This is a time that calls for a cool head so you can take the necessary steps and proceed in a way that will protect you and your financial future.

Why is Modlin Slinsky, P.A Contacting Me?

Modlin Slinsky, P.A will typically only contact you if they are planning on filing a lawsuit against you, or if the paperwork has already been filed. They are likely going to take legal action regarding a debt you owe. Modlin Slinsky, P.A does largely represent debt collectors and if you owe a debt you have not paid, the collection agency has likely already tried to contact you several times about the debt. Modlin Slinksy, P.A. does not spend a great deal of time trying to collect on the debt themselves, although they may be willing to work out a settlement before they file their lawsuit.

In either case, if Modlin Slinsky, P.A, contacts you, it is likely that you will face legal action at some point in the near future.

Does Modlin Slinsky, P.A Have Any Complaints Against Them?

The Better Business Bureau (BBB) lists Modlin Slinsky, P.A on their website. That listing does include 1 complaint against the firm. A previous listing under a former business name has since been taken down. Modlin & Associates, P.A. is what the business used to go by. That listing had several complaints, including one that claimed a borrower was being pursued by the agency for a debt that was not theirs.

Another story that can still be found online is that of a man who filed a countersuit against Modlin Slinsky, P.A. Within the countersuit, the man alleged the law firm sued him about an illegitimate debt. The man is claiming that the original creditor’s name was not included in the lawsuit filed against him, nor was the amount of the debt that he owed. The lawsuit the man filed against the law firm is a class action, meaning other borrowers have likely also joined it.

Responding to the Lawsuit is of Critical Importance

After Modlin Slinsky, P.A. has contacted you, your first instinct may be to ignore the lawsuit. Unfortunately, ignoring it will not make it go away. On the contrary, it will have serious repercussions and will only work against you. You should always answer a lawsuit if you have received the notification.

If you do not respond to the lawsuit, you cannot defend yourself against it. There are many defenses to debt-collection lawsuits. The debt collector Modlin Slinsky, P.A. is representing may not be able to show that they own the debt, or that you, in fact, owe it. Even a small mistake, such as misrepresenting the amount you owe can serve as a defense.

You also may not have been served with the lawsuit properly, and that can also serve as a defense. If the statute of limitations has expired, the debt collector no longer has any right to take legal action regarding the debt. In Florida, the statute of limitations on debt collection cases is just five years.

Clearly, there are many defenses available in debt-collection lawsuits. Unfortunately, if you ignore the lawsuit, you cannot use any of them. Once you are properly served with the lawsuit, you will receive the complaint, as well as the summons which tells you of the hearing date, and where you are to appear in court. Ignoring the lawsuit will mean you do not know any of this information and therefore, will not be present at the hearing to defend yourself. In turn, Modlin Slinsky, P.A. will ask the judge to issue a default judgment against you, and they will likely be successful with the request.

Once a default judgment is issued against you, Modlin Slinsky, P.A. then has the right to take whatever legal action the judge has approved. This could mean a garnishment of wages, a levy on your bank account, or other serious consequences.

Know Your Options in a Debt Lawsuit

Even if you do not have a defense in the lawsuit filed by Modlin Slinsky, P.A., it is important to know you still have options. You can try to negotiate for a smaller amount than what you actually owe. A Fort Lauderdale debt defense lawyer can help with these negotiations and give you the best chance of a successful outcome. While negotiation will mean you still have to pay a portion of the debt, it will be significantly less than the amount being pursued in the lawsuit.

If you cannot defend against the lawsuit and you feel as though you cannot afford to pay a smaller amount, you may want to consider bankruptcy. Immediately after you file bankruptcy, the judge will issue an automatic stay. This will prohibit debt collectors from contacting you. If you are successful with your bankruptcy, the debt you owe may even be discharged, meaning you will no longer be responsible for paying it.

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

Regardless of whether you need to defend against a lawsuit or file bankruptcy, our Fort Lauderdale debt defense lawyers can help. At Loan Lawyers, we can provide the sound legal advice you need, outline your options, and help determine which one is right for you. Call us today at (954) 523-4357 or contact us online to schedule a free review of your case.

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What to Do if UHG I, LLC Has Filed a Lawsuit Against You

United Holding Group, also known as UHG I, LLC, is a debt collector. They purchase debt for small prices and then collect the full amount from the consumer. Anything they collect from borrowers is then purely profit for them. If you have received notice that UHG I, LLC has filed a lawsuit against you, it is natural to become worried about your financial future.

It is important to know that UHG I, LLC is one of the most dubious debt collectors in the country. They often lack evidence that is necessary to prevail on their claims, making defending against these lawsuits fairly easy. Still, it is important to work with a debt defense lawyer in Broward County that knows the defenses available in these cases and that will give you the best chance of a positive outcome.

Who is UHG I, LLC?

UHG I, LLC is a third-party debt collector. They operate out of Williamsville, New York, but file thousands of lawsuits against borrowers across the country every year. Hundreds of the lawsuits they file are against Floridians and many of them are right here in Broward County.

The company is not recognized by the Better Business Bureau, and that may be due to the fact that the company changes its name regularly, usually when it is convenient for them. This is most often when a consumer presses them to verify the facts outlined within their lawsuit complaint. To confirm that it is UHG, I, LLC that has filed a lawsuit against you, it is best to look for the name of the attorney in the paperwork you receive. The main attorneys that file lawsuits for UHG I, LLC are Jennifer Dillow and Dan Best.

The Consumer Financial Protection Bureau (CFPB) sued UHG I, LLC in January 2022 for illegal and deceptive collection practices.

Determine if UHG I, LLC Has Violated the Fair Debt Collection Practices Act

UHG I, LLC vigorously pursues borrowers trying to collect on the debt they purchase. They do this because it is the only way they can make a profit. In many cases, UHG I, LLC has even been known to break the law. They do this by violating the laws outlined in the Fair Debt Collection Practices Act (FDCPA), which is a federal law that protects every borrower in the country.

Just a few of the main protections outlined in the FDCPA for borrowers state that debt collectors:

• Cannot contact you before 8:00 in the morning or after 9:00 at night
• Cannot call you at your place of employment if you have asked them not to
• Must only communicate with you through your attorney once you have retained one
• Cannot communicate with your employer, neighbors, family members, or any other third party about your debt
• Must stop all communication with you at your request
• Cannot use profane or threatening language
• Cannot harass you by calling multiple times per day
• Must identify themselves as a debt collector when they contact you
• List your debt for sale to the public
• Cannot misrepresent the legal repercussions associated with failing to pay the debt, whether the statute of limitations has expired, or pose as another company

Again, the above are just a few of the stipulations in a laundry list of restrictions on debt collectors. Any time a debt collector such as UHG I, LLC violates the law, borrowers can file a countersuit against them to recover their losses, as well as $1,000 in statutory damages.

Steps to Take After UHG I, LLC Has Filed a Lawsuit Against You

There are some very important steps to take if UHG, I, LLC has filed a lawsuit against you. These are as follows:

1.Respond to the lawsuit: Debt collection companies such as UHG I, LLC hope that when they file a lawsuit against a borrower, the consumer will ignore it. They have good reason to believe that debtors will ignore these cases because many people do. Typically, you have only 20 days to file your response with the court. If you do not, the debt collector will try to obtain a default judgment against you and they will likely be successful with their request. Once a judge has issued a default judgment against you, UHG I, LLC will then have the authority to take legal action against you. This could be in the form of a wage garnishment, a levy on your bank account, or even a lien against your property.

2. Call a debt defense lawyer: Before you file a response, you should contact a debt defense lawyer in Broward County as soon as possible. A lawyer can help prepare your answer and alert you to any possible defenses in your claim. For example, UHG I, LLC may not be able to verify that they own the debt, that you owe it, or the proper amount you owe. If any of these defenses apply, it could result in your lawsuit being dismissed.

3. Consider a debt settlement: In some cases, negotiating a smaller amount is more applicable than preparing a defense. Debt collectors such as UHG I, LLC are often very open to negotiating a smaller debt amount because they would rather collect on a portion of a debt rather than none of it at all. A debt defense lawyer is a valuable resource during these negotiations, as they have the experience necessary to obtain the most successful outcome for you.

4. Consider bankruptcy: If there are no defenses available in your case and you cannot afford to pay a smaller amount, you may want to consider filing for bankruptcy. Through bankruptcy, you can stop collection calls from all debt collectors, and discharge all of your debt so you are no longer responsible for it.

Call Our Debt Defense Lawyers in Broward County Today

If UHG I, LLC has filed a lawsuit against you, our Broward County debt defense attorneys at Loan Lawyers can help. Call us today at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about how we can help with your case

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Buyer Beware – Foreclosure Auction Landmines

It’s often said, the greater the risk, the greater the reward. But if you’re going for gold, crossing a minefield blindfolded isn’t the best start.

It’s a common story – some industrious person or group of people come together and decide they want to put their talents to work purchase a property needing some work, fix it up, and sell it again for a profit. And its not a bad idea! Many people make good, honest livings doing exactly this kind of work. Part of the nature of such a business is to scope out properties that can be acquired cheaply. And this is where the unaware can find themselves stepping on a legal landmine and thousands of investors have been caught unaware and put into a near-impossible position.

If you go to the foreclosure auction website and look at any given day, you see the basic information – the property address, its assessed value, and the final judgment amount against the property. But it also lists a case number and taking the time to investigate that series of digits can mean the difference between making a sound investment and losing everything.

One of the biggest clues for an investor that they might be walking into a minefield is who the plaintiff is. Are they an HOA or Condo association? Sure, the judgment amount might be only ten or twenty thousand dollars, and you might encounter few other bidders, but there’s probably a reason why you’re able to obtain a property for a fraction of its value. This is a public auction. Its not a secret that the property is for sale and there are many other businesses that share the business model of buying cheap, fixing, and flipping. And the reason you might win such a property on a low bid may have nothing to do with the condition of the property itself. You might be buying it subject to the mortgage. Meaning even though you aren’t responsible for paying the mortgage, the property could go back up for auction and sold right out from under you to pay off that mortgage. And here’s where the story can go really bad.

If the amount owed on the mortgage the investor didn’t know about is substantially higher than the property is worth, the entire investment might be lost when the property is put back into a foreclosure sale, including any value added to the property by improvements done by the investor.

Even worse, if the property was also already involved in a second foreclosure case at the time the investor purchased it, even if it sells for more than enough to cover the judgment, the surplus goes back to the title holder at the time the case was initiated. This means, the amount an investor bid on the property, and everything the investor paid for improvements to the property, every last dollar could be lost.

These are just a few reasons why it is very important to research properties involved in foreclosure auctions before bidding. But mistakes happen. And that’s when you want the best legal representation you can get to help navigate the next steps.

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

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A Single Mom Makes the Decision to File Bankruptcy

Our client, a single mother of one, contacted us as she was about twenty thousand dollars ($20,000.00) in credit card debts. While this may not seem like a lot at first glance, given her salary and financial situation, this $20,000.00 seemed almost insurmountable. To further complicate things, one of the creditors had filed a lawsuit against her for close to half of her overall credit card debt load. Our client could not come up with a repayment plan that would be acceptable to the creditor, while still allowing her to meet the ongoing necessary expenses for her and her child. By way of example only, our client had less than $30 left over each month after paying her bills.

While the outstanding credit card debts may seem small to some, these debts made a huge impact on our client’s financial landscape. With these debts as a concern, she was forced to make some very hard decisions about the basic necessities for her small family. Furthermore, it affected her extended family, who at times had to assist in making ends meet.

After reviewing the situation and discussing same with the client, we jointly agreed on pursuing a discharge in a Chapter 7 bankruptcy case. This would enable our client to have a fresh start from all the burdensome credit card debts. Furthermore, the Chapter 7 bankruptcy’s automatic stay protection would be useful to prevent the creditor from moving forward with the lawsuit.

We got to work with the client to properly document her assets and liabilities. While there were not a lot, our client discovered that there was a retirement account about which she had forgotten. We wanted to save this account for our client and as such, carefully reviewed all the documents related to the same. Once comfortable that the account was protected, we worked with the client to get the Chapter 7 bankruptcy filed. Once it was filed, we noticed the creditor that had filed the lawsuit that our client was protected by the automatic stay and all collection activities outside of the bankruptcy must cease. Next, we attended the Meeting of Creditors and ultimately, the Trustee determined that there were no assets to be distributed to creditors. The debtor is set to receive her discharge any day.

This fresh start will be a revitalizing change for our client and her family. They will be able to start their financial lives over again. It will also mean that her extended family may be able to contribute less towards her necessities. We can also not disregard the peace of mind that she may have in being able to answer her phone without fear that the call is from bill collectors.

For more information about bankruptcy, please visit our website at: https://www.fight13.com/bankruptcy-attorney

Contact a Knowledgeable Bankruptcy Attorney in Fort Lauderdale, FL Today

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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What to Do if DNF Associates, LLC Has Filed a Lawsuit Against You

DNF Associates, LLC, is a debt collection company and they file multiple lawsuits against Floridians every year. Like other debt collectors, DNF Associates, LLC purchases debts from medical centers, creditors, utility companies, and more for just pennies on the dollar. Once they have bought the debt, they then pursue it and try to collect it from the borrower. After they have recovered the debt, they can then keep the proceeds for themselves.

One way in which DNF Associates, LLC and other debt collectors recover the debt borrowers owe them is to file a lawsuit against the consumer. If they are successful with their lawsuit, they can then garnish the wages of the borrower, levy their bank account, and take other legal action to collect the debt. If you have been sued by DNF Associates, do not panic. Our debt defense lawyer in Fort Lauderdale can prepare a defense that will give you the best chance of a successful outcome.

Who is DNF Associates, LLC?

DNF Associates, LLC is a third party debt collector based in New York. The company typically uses Stenger & Stenger to file lawsuits against borrowers. Still, just because they are located in New York does not mean their lawsuits are limited to that state. The collection company also files lawsuits against borrowers in Florida, and throughout the rest of the country.

The main attorneys in lawsuits filed by Stenger & Stenger are Joe Jammal, Preston Nate, and Joshua Stiers. The attorneys are quite reasonable and easy to work with. However, it is still important to work with a Fort Lauderdale debt defense lawyer who has the necessary experience working with these attorneys.

Defenses in DNF Associates, LLC Lawsuits

You may think that if DNF Associates, LLC has filed a lawsuit against you, there is no chance you will win. Fortunately, that is not the case.

A debt defense lawyer will know the arguments that work in these cases, and they include:

• Lack of standing: Before DNF Associates, LLC can file a lawsuit against you, they must have legal standing. This means they have a right to sue you because they have something to lose. In other words, they must own the debt you owe. Many debt collection companies do not have the paperwork to prove that they have standing. If you do not raise this defense, the courts may overlook the fact that the debt collector cannot produce the paperwork. If you do argue that the debt collector cannot prove that they own the debt, it may be enough to have the case against you dropped.
• You do not owe the debt: If you have paid the debt already or the debt collector is arguing that you owe more than you do, that can also serve as a defense.
• Fraudulent debt: It is not something many people want to think about, but sometimes a person’s credit card or even their identity is stolen. This can result in someone else racking up debt in their name, and the victim is later found not to be responsible for the debt.
• Incorrect service process: After DNF Associates, LLC files a lawsuit against you, they must serve you with the paperwork. Florida law outlines very specific procedures when serving someone with a lawsuit. If the company did not follow proper procedure, that can serve as a defense. Unfortunately, this will likely only stall the lawsuit and not keep DNF Associates from filing another lawsuit against you in the future and following the proper procedure when they do.
• Expired time limit: Most lawsuits in Florida are governed by a statute of limitations. This is the amount of time the plaintiff has to file a lawsuit. If DNF Associates, LLC allows this time limit to expire, they cannot take legal action against you. It does not mean that they cannot contact you to try and collect on the debt. It only means they cannot file a lawsuit against you to obtain a judgment that will allow them to garnish your wages or take other legal action.
• Bankruptcy: Although this is a last resort for most people, bankruptcy can provide a defense in debt collection lawsuits. As soon as you file bankruptcy, an automatic stay is issued. An automatic stay will prevent debt collectors and creditors from contacting you and trying to collect on the debt. If your bankruptcy case is successful, it may also discharge the debt the debt collector is trying to recover from you.

What to Do if DNF Associates, LLC Has Sued You

DNF Associates, LLC files lawsuits against thousands of people in the country in the hopes that they will not respond to it. They have good reason for thinking borrowers will not respond, as many do not. If you do not respond to the lawsuit within 20 days, the company will likely ask the court to issue a default judgment against you. They will also likely be successful with their request. A default judgment will automatically allow the company to garnish your wages, levy your bank account, and take other harmful legal action against you.

Before responding to the lawsuit, you should also contact a Fort Lauderdale debt defense lawyer. An attorney can prepare the defense that will give you the best chance of winning and prevent any further legal action against you. Additionally, a lawyer can also advise on whether the debt collector violated the law.  There are many laws that protect borrowers in the country, involving the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Florida Fair Debt Collection Practices Act. If the debt collector has violated any of these laws, you may be able to file a countersuit against the company to collect damages.

Our Debt Defense Lawyer in Fort Lauderdale Can Advise on Your Case

If DNF Associates, LLC has filed a lawsuit against you, our Fort Lauderdale debt defense lawyer can help. At Loan Lawyers, we know the strongest defenses to use in these cases that will give you the best chance of a positive outcome. Call us today at (954) 523-4357 or contact us online to schedule a free review of your case.

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Has Rolfe & Lobello, P.A. Filed a Judgment Against You?

Rolfe & Lobello, P.A. is a law firm located in Jacksonville, Florida, but they file lawsuits all across the country. The firm represents medical centers, dental offices, small and large businesses, government agencies, schools, utility companies, fitness clubs, and senior care facilities.

Unlike many other law firms that represent debt collectors, the website of Rolfe & Lobello, P.A. does not attempt to appear as though they are there to help consumers and borrowers. Instead, they are quite clear that their main incentive is to help businesses maximize their revenue. In fact, their own website identifies the firm as a debt collector.

If Rolfe & Lobello, P.A. have filed a lawsuit against you, it is likely because they believe you owe a debt to a business. It does not necessarily mean though, that they will win their case against you. There are many defenses available in these lawsuits and our debt defense lawyers in Broward County can prepare a case that will give you the best chance of success.

Why Responding to the Lawsuit is So Important

Like so many other law firms that represent debt collectors, Rolfe & Lobello, P.A. is hoping that you will not respond to the lawsuit. The majority of borrowers simply ignore notification that a lawsuit has been filed against them, hoping it will go away. Unfortunately, that is not how it works. If you do not respond to the lawsuit,  Rolfe & Lobello, P.A. will appear in court. When you are not there to defend yourself, they will ask the judge for a default judgment against you, and they will likely get it.

In Florida, you have only 20 days to respond to the lawsuit. Before filing your answer, you should try to obtain as much information about the debt as possible. Determine if you owe the debt and if so, how much the debt is actually worth. You can also try to determine if the debt collector Rolfe & Lobello, P.A. is representing actually owns the debt. A Broward County debt defense lawyer is very helpful during this phase.

Again, many people sadly do not respond to the lawsuit and so, Rolfe & Lobello, P.A. is able to obtain a default judgment against them. If this has happened to you, it is important to know the consequences you may face, and how to avoid them.

The Consequences of a Default Judgment

Rolfe & Lobello, P.A. will have many additional legal tools at their disposal if they are able to obtain a default judgment against you. These include:

• Wage garnishments: One of the most common ways debt collectors and the law firms that represent them recover unpaid debt is through a wage garnishment. Through a wage garnishment, the debt collector is automatically paid a certain amount from your paycheck. Your employer will receive notification that they are to forward a portion of your paycheck directly to them. Florida follows the federal law limits on wage garnishments. This means they can only take 25 percent of your disposable income or the amount of your income that exceeds 30 times the federal minimum wage, which amount is lower.
• Levy your bank account: A bank levy is similar to a wage garnishment. The only difference is that instead of taking money directly from your paycheck, the law firm or debt collector can take money directly from your bank account. Still, state law does place some exemptions on bank levies. For example, if your bank account holds retirement savings only, debt collectors and law firms cannot seize these funds.
• Real property liens: A judgment may also allow a debt collector or law firm such as Rolfe & Lobello, P.A. to place a lien on your real property. If you try to sell the property once the lien has been placed, you will likely be required to use the proceeds to repay the debt before you can keep the remainder. Florida does allow for a homestead exemption and under the law, creditors and debt collectors cannot foreclose on the home over an unpaid debt.

What if You are Judgment Proof?

There are some borrowers that are considered to be ‘judgment proof.’ This means that everything you own is exempt and so, even if a debt collector has obtained a judgment against you, they cannot garnish your wages, levy your bank account, or place a lien on your property. Typically, people are considered judgment proof when their only form of income are social security benefits, and they do not have personal property that is not considered exempt.

It is important to note that even if you are judgment proof, it does not mean the debt collector cannot continue to try to collect on the debt. This in itself can be very frustrating. If the debt collector violates the law, such as the Fair Debt Collection Practices Act, you should speak to a Broward County debt defense lawyer that can help you claim damages for the violation.

Filing Bankruptcy to Avoid a Judgment

If you do owe the debt and the debt collector does own it, you may consider filing for bankruptcy. As soon as you file, an automatic stay is issued. Automatic stays prevent debt collectors from trying to collect on the debt, so it will stop the calls and letters you receive.

Many people who cannot repay their debt know that bankruptcy is inevitable. When this is the case, it is best to file for bankruptcy before a judgment is issued. A judgment will still be considered unenforceable if you file after one is issued. However, filing prior to a judgment being issued will keep it off of your record, so your credit score will not take a hit from it. The bankruptcy, though, will still impact your credit score.

Our Debt Defense Lawyers in Broward County Can Help with Your Judgment

If you have had a default judgment issued against you, or you fear one soon will be, our Broward County debt defense lawyers can help. At Loan Lawyers, we have helped thousands of borrowers avoid judgments, and can help you file for bankruptcy if one has already been issued. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.

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Foreclosure Defense Law – Why It Is Important to Defend Your Home

No one in Fort Lauderdale, or in the entire country, ever wants to face foreclosure. If the bank starts the foreclosure process on your home and they are successful, you will eventually be evicted from the home. This will not only disrupt your life, but it will also have a dramatic impact on your future, and the future of your family. Foreclosure lawsuits are overwhelming, and you may be tempted to simply ignore the lawsuit. Florida is a judicial foreclosure state, meaning the lender must first sue you and then argue their case in court before they have the right to foreclose on your home.

As with any lawsuit, it is critical that you do not ignore it if the lender has sued you. If you do, you will likely automatically lose your case and subsequently, lose your home. Too many people think that if they simply ignore the lawsuit, it will go away, but that is never the case. Ignoring a foreclosure lawsuit will only leave you with fewer options and potentially leave you without a defense that could result in you losing your home.

The Lender May Obtain a Default Judgment

Before a lender can file a lawsuit against you to foreclose on your home, they must first send you a notice of default. You will likely receive this notice once you are 30, 60, or 90 days past the due date of the mortgage payment. Once the lender has sent the notice of default, they can then proceed with the lawsuit in the foreclosure process.

If your lender does not send you the appropriate notice of default, you can use that as a defense in your foreclosure lawsuit. Note though, that this will likely only stall the process and will probably not stop it altogether. The lender will only have to rectify the situation by sending the appropriate notice of default, which will allow them to then continue on with the lawsuit process.

After receiving the notice of default and the paperwork associated with the lawsuit, it is essential that you do not ignore it. You will be served with two important documents. The first is the complaint, which will outline the lender’s arguments against you. The second is the summons, which tells you the day of your court hearing and allows you to respond to the lawsuit. You have 20 days from the date you are served with papers to respond to the lawsuit.

A failure to respond to the lawsuit will likely result in a default judgment against you. This essentially eliminates the possibility of raising defenses that can help you save your home and will allow the lender to automatically win their case. This is perhaps the biggest reason why it is important to defend your home.

You Will Give Up Your Right to a Loan Modification if You Choose Not to Defend

It is important to remember that just because your lender has filed a foreclosure lawsuit against you, it does not mean you will automatically lose your home. Until the process is over and a judge has made a decision, you still own your home. Throughout the process, you still have many options and one of them is speaking with your lender about a possible loan modification.

Through a loan modification, you can change certain terms of the mortgage and make it more affordable for you to pay. A loan modification can change the interest rate, the length of the loan, and even the principal loan amount, among other terms. However, a loan modification is only possible if you respond to the lawsuit and are prepared to defend against it. If you do not, a judge will likely automatically side with the lender and fast track the foreclosure process.

You Will Give Up Your Right to Discovery

Any civil lawsuit will involve a discovery phase. During this stage, both sides can ask the other party for certain information. Part of this information includes the evidence the lender plans on using against you.

Many people underestimate the importance of the discovery phase. It is a crucial step in reviewing the lender’s case so your Fort Lauderdale foreclosure defense lawyer can prepare a defense and refute the arguments of the lender. Typically, a lawyer will ask for information showing that you have fallen behind on your mortgage payments, that they own the mortgage, and that they have followed proper foreclosure procedure.

If you do not try to defend against the foreclosure, you lose the opportunity to see what evidence the lender has against you. Again, a judge will most likely issue a default judgment in favor of the lender and eventually, you will lose your home.

You May Have to Repay the Mortgage Anyway

Along with trying to secure a foreclosure on the home during the legal process, your lender may also try to obtain a deficiency judgment against you. If they are successful, it means they have the legal right to pursue the amount you still owe after they have obtained the right to foreclose on the home. Too many homeowners think one of the benefits of allowing the lender to foreclose is the fact that they will no longer owe the money on the mortgage. Sadly, that is not always true.

A Fort Lauderdale foreclosure defense lawyer can defend against the foreclosure lawsuit. However, even if they are unsuccessful and you end up losing your home, a lawyer will also defend against a deficiency judgment. Also, if they are able to negotiate an agreement with your lender, such as a deed in lieu of foreclosure, a lawyer will also include a clause within the agreement indicating that the lender has waived their right to pursue a deficiency judgment. Again, these options are only possible if you defend the lawsuit from the very beginning.

Our Foreclosure Defense Lawyer in Fort Lauderdale Can Help You Keep Your Home

If you are in fear of losing your home, our Fort Lauderdale foreclosure defense lawyer can help. At Loan Lawyers, we know the defenses available that may allow you to keep your home and will use the law to protect you from many of the potential negative consequences. Call us today at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about your legal options.

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Why Have I Been Sued By Rausch Sturm Israel Enerson & Hornik, LLP?

It is always alarming to receive a notification that you have been sued by anyone. If you have been notified that you are being sued by Rausch, Sturm, Israel, Enerson & Hornik, LLP, (RSIEH), the most important thing to do is to remember not to panic. The company may be trying to collect on a debt you do not owe, or they may not be able to prove the validity of the debt. It is important to know who RSIEH is, and how to defend yourself against the lawsuit.  Below, our Broward County debt defense lawyer explains the defenses available and how to protect yourself.

Who is RSIEH?

Rausch, Sturm, Israel, Enerson & Hornik, LLP is a law firm that is based out of Wisconsin. They specialize in collecting on debts for creditors and other lenders all over the country. RIEH is not a scam company. They are completely legitimate and have been successful in many debt collection lawsuits in the past. This does not automatically mean they will win their case against you.

RSIEH states on their website that they are dedicated to helping consumers get out of debt. Unfortunately, that statement is not as innocent or as helpful as it may seem. The law firm wants to help people get out of debt by suing them and attempting to garnish their wages or take other legal action that is very hurtful to borrowers.

RSIEH was founded in 1997 and was incorporated in 2008. They created a profile page with the Better Business Bureau (BBB) in 2004, according to the organization. In total, the BBB has received 41 complaints against Rausch, Sturm, Israel, Enerson & Hornik, LLP. In the past year, three of those complaints have been closed against the law firm. Many of these complaints involve unfair collection practices, such as calling borrowers multiple times a day or at inappropriate times of the day.

What Are Your Rights if You Have Been Sued by RSIEH?

Many people do not understand that when they are sued by RSIEH, or any debt collector for that matter, that they have rights. The Fair Debt Collection Practices Act (FDCPA) governs debt collection companies, as well as the law firms that represent them in lawsuits. The FDCPA protects borrowers from many unfair collection practices and provides them many rights. Under this Act, debt collection companies are not allowed to:

• Phone you at work if you are not allowed to receive calls
• Phone you at inconvenient times, such as very early in the morning or very late at night
• Speak to anyone else about your debt other than your spouse or a lawyer you have hired to represent you
• Use harassing tactics, such as threatening you physically, using obscene language, or calling simply to annoy you
• Lie to you about the debt, such as stating you owe more than you do on a debt
• Threaten you with an arrest if you do not agree to pay the debt
• Collect fees or interest in addition to the debt you owe, with the only exception being if these costs are outlined in the original contract
• Threaten to take, or actually take, your property unless they have a warrant that allows them to do so

The above are just a few rights guaranteed by the FDCPA. Any time a debt collector such as RSIEH violates the law, you can file a lawsuit against them in either federal or state court. Within your lawsuit, you can pursue any actual damages you sustained. For example, if your boss fired you because RSIEH continued to call you at work, you can sue the company for your lost wages. You can also recover your attorney’s fees. You can also be awarded up to $1,000 in statutory damages.

The Importance of Responding to a Lawsuit Filed by RSIEH

When Rausch, Sturm, Israel, Enerson & Hornik, LLP files a lawsuit against you, they are generally hoping that you will ignore it. They have good reasons for such hope. Many people ignore these lawsuits, hoping they will simply go away. Unfortunately, that is not the case.  When RSIEH, or any other debt collector, files a lawsuit against you and you do not respond, they can obtain a default judgment against you.

A representative from the law firm will appear in court and when you fail to do so, they will ask the judge for a default judgment. Without you being there to defend your case,  the judge will likely grant that default judgment. Once they do, the debt collector then has the right to take legal action against you, whether that is garnishing your wages, freezing your bank account, or even placing a lien against your property.

When is a Debt Time-Barred?

There are many defenses to lawsuits alleging you owe a debt and the statute of limitations is one of the best. In Florida, the statute of limitations, or time limit, on debts is five years. This means after that time, debt collectors no longer have the legal right to sue you over a debt. This does not mean they cannot still try to recover the debt, although they are still bound by the FDCPA. It only means they cannot garnish your wages or otherwise take legal action against you.

The statute of limitations begins on the day you take out the debt, or the date of your last payment. After being served with a lawsuit by RSIEH, do not make any payments. The firm is also hoping that you will think paying a little bit will stop the lawsuit from going any further. This is not the case. Making a payment will only restart the clock on the statute of limitations, which will give RSIEH the right to continue on with the lawsuit.

Call Our Debt Defense Lawyers in Broward County for Help with Your Lawsuit

If Rausch, Sturm, Israel, Enerson & Hornik, LLP has filed a lawsuit against you, our Broward County debt defense lawyers can help. At Loan Lawyers, we have defended thousands of borrowers against collection lawsuits and we will put that experience and knowledge to work for you. Call us today at (954) 523-4357 or contact us online to schedule a free case review.

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Pitfalls to Avoid if You Have a Reverse Mortgage: Passing of Sole Borrower

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 the 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 you can default on the reverse mortgage loan is if a borrower dies and the property is not the principal residence of at least one surviving borrower. The borrower is defined as the person that signs at the end of the Note. If the sole Note signor passes away and is survived by their spouse who signed the Mortgage but not the Note, the banks can use the passing as grounds for accelerating the loan and foreclosing on the home. The surviving spouse who signed the Mortgage is not considered as a co-borrower under current Florida law. In some cases, there are discrepancies between the individuals listed as the borrower on the Note and on the Mortgage. In those case, Florida courts have ruled, “Our foreclosure precedent is clear that the mortgage must be read together with the note it secures and that, if the terms of the two documents conflict, the note prevails. See, e.g. , Graham , 43 So. at 513-14 ; Krickl , 158 So. at 119.” WVMF Funding v. Palmero, 320 So. 3d 689, 694 (Fla. 2021).

Talk to Our Experienced Foreclosure Defense Attorneys in Fort Lauderdale, FL Today

If you or someone you know is contemplating the pro and cons of a reverse mortgage or already has a reverse mortgage, keep this in mind. If you find yourself in a situation where 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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