Frequently Asked Questions About Foreclosure in Florida

The foreclosure process in Florida is a long and arduous one. Most people that go through foreclosure have never experienced the process before and so, it is confusing as well. If you have received a notice of default, or you are just behind on your mortgage payments, you likely have many questions. Below, our Fort Lauderdale foreclosure defense lawyers answer the ones most frequently asked.

What Should I Do After Receiving a Notice of Default?

Under Florida law, lenders are required to send you a notice of default before they begin the foreclosure process. The notice should state that you are in default, the amount you owe, and that the lender intends to proceed with foreclosure. Many people think there is no hope and so, they ignore the notice. This is the worst thing you can do. After receiving your lender’s notice of default, you have only 20 days to file your legal response. Before filing your response, you should speak to a lawyer who can advise you on how to do it.

Do I Have Options if I Stopped Making Payments?

To many people, foreclosure seems like a hopeless situation, but it is not. You can fight the foreclosure, which may allow you to keep your home or at least delay the time until you have to vacate it. During that time, you may:

• Negotiate a loan modification with the lender
• Qualify for the home-loan modification program offered by the federal government
• Resolve the matter with your lender
• Sell your home for full market value
• Refinance your home for a better rate
• File for Chapter 7 or Chapter 13 bankruptcy

A foreclosure defense lawyer can advise you of your options and help you through whatever process is right for your situation.

Do I Need a Fort Lauderdale Foreclosure Defense Lawyer?

As with any other legal case, you are not required to work with a lawyer when fighting foreclosure. However, an attorney will be your advocate and will always protect your best interests. Your lender has an attorney that is making sure their rights are upheld, and you should have someone doing the same for you.

What is a Short Sale?

A short sale occurs when a home is sold for less than what the borrower still owes on the mortgage. Your mortgage lender has to approve a short sale, so it is best to work with a lawyer who can communicate with your lender on your behalf. Lenders sometimes approve short sales because they know the current homeowner cannot make up the missed payments. The lender would rather get something rather than nothing and so, they may approve a short sale.

Why Did My Lender Return My Payment to Me?

It is concerning when you make a payment to your lender, trying to catch up on your mortgage payments, only for them to return it to you. However, after a lender has started the foreclosure process, the only payment they will typically accept is one for the whole amount of delinquency. You will likely also have to pay for their legal fees and any other costs associated with the foreclosure. If your bank has returned a payment to you or has refused a payment from you, it is time to speak with a lawyer.

How Much Time Before Foreclosure Begins?

The timeline of your foreclosure will largely depend on where you are located in Florida. Lenders generally cannot start the foreclosure process until you are three or four months behind on your mortgage payments. It used to be that once the process started, it would take three to six months until you have to leave your home. The courts in Florida have been dealing with an enormous backlog of foreclosure cases for many years and so, the timeline now is closer to 12 to 24 months.

What if I Also Owe Money on Credit Cards and Car Loans?

Most foreclosure defense lawyers in Fort Lauderdale will tell you that your foreclosure takes priority over your other bills. A lawyer will try to ensure you can stay in your home during the process, but they may also be able to help with any unsecured debt you are carrying. A lawyer can advise on whether you can file for bankruptcy and outline your other legal options.

What is a Deficiency Judgment?

A deficiency judgment allows a lender to collect the remaining debt owed on the mortgage after foreclosure. For example, you may have a debt of $200,000 left on your home. The lender may only recover $150,000 in a foreclosure auction. They then have the option to go back to court and obtain a deficiency judgment against you, which would hold you responsible for paying the remaining $50,000. This is an enormous financial burden, at a time when you really cannot afford any more. A lawyer will work with your lender and ask them to waive their right to pursue a deficiency judgment.

My Lender will Not Negotiate. What Do I Do?

Homeowners often hear that lenders are sometimes willing to negotiate and so, they try to engage in negotiations with the bank. Unfortunately, they only hear from the loan servicer that the lender wants its money and there is no possibility of negotiating. Loan servicers often do not have the authority to negotiate a lower amount or change any part of the loan. At this point, it is really important to speak to a foreclosure defense lawyer. A lawyer will know how to reach the loan officer who does have the authority to change your loan. An attorney will also know how to negotiate a deal that is best for you.

Call Our Foreclosure Defense Lawyers in Fort Lauderdale Today

When facing foreclosure, you have a lot of questions. At Loan Lawyers, our skilled Fort Lauderdale foreclosure defense attorneys have the answers. We have successfully helped thousands of Floridians stay in their homes, and we want to put that experience to work for you. Call us today at (954) 523-4357 or contact us online to schedule a free case review and to learn more about your legal options.

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How to Stop a Wage Garnishment in Broward County?

A wage garnishment will allow a creditor or debt collector to take a percentage of your bank account, wages, or other finances. Entities can only garnish your wages after they have successfully obtained a court order to do it. Once they have obtained an order, they will then call your employer and tell them to withhold a portion of your paycheck and forward it to them.

Wage garnishments are particularly harmful to borrowers. A writ of garnishment operates on a continual basis. This means that just one garnishment can remain in place for years until the debt is fully paid off. If you are facing wage garnishment, it is important to know that you have legal options. Our Broward County debt defense lawyer explains below how you may be able to stop it.

How Long Does a Creditor Have to Garnish Wages?

Under state law, creditors have as many as 20 years to act on the judgment. This is known as the statute of limitations, or time limit. The time limit to collect on judgments is much longer than the statute of limitations placed on debt. In Florida, creditors and debt collectors have only five years to take legal action on a debt. So, while a creditor or debt collector must file a lawsuit against you to obtain a wage garnishment within five years of your last payment, they have up to 20 years to actually garnish your wages.

When Does a Wage Garnishment Start?

Procedures for wage garnishments are vastly different from other legal proceedings surrounding debt, such as foreclosures. With a foreclosure, you likely still have at least a few months in your home before you have to vacate it, if that becomes necessary at all. With a wage garnishment though, creditors and debt collectors can usually start seizing your wages just days after they obtain a judgment against you.  There are ways to stop wages garnishment though, so it is critical that you speak to a Broward County debt defense lawyer immediately after learning of a garnishment against you.

Using the Household Exemption

According to the Florida Statutes, you can stop a wage garnishment if you can claim that you are the head of your household. You are considered to be the head of household if you can show that you contribute to a minimum of 50 percent of a dependent’s living expenses. Children are clearly dependents, but there are others that may be considered a dependent, as well. A dependent could be a parent or other relative that requires ongoing care, or even a former spouse to whom you pay alimony. The head of household exemption will not apply to tax refunds, as those are not classified as wages.

Other Exemptions in Wage Garnishment Cases

The head of household exemption is available in many wage garnishment cases, but it is just one. Certain types of income are also exempt from being garnished and these are as follows:

• Welfare
• Social Security benefits
• Workers’ compensation
• Pensions
• Veteran’s benefits
• Disability benefits
• Life insurance benefits

You may also be able to file a lawsuit to have the judgment vacated. Vacating the judgment will render the court order allowing the garnishment null and void. It is not always possible to vacate a wage garnishment order and success is largely dependent on the facts in your case.

Federal Caps Placed on Wage Garnishments

Under federal law, creditors and debt collectors cannot garnish your wages in any amount that exceeds 25 percent of your disposable income. You do not have to be eligible for the head of household exemption to be protected under this law. The law also applies to all wage garnishments, not just one. So, even if multiple creditors and borrowers have obtained wage garnishments against you, the total amount of all of them cannot exceed more than 25 percent of your disposable income. However, there is an exception to this.

If your disposable income is greater than 30 times the federal minimum weekly wage, a garnishment can exceed 25 percent of your disposable income. The garnishment can then seize either 25 percent of your disposable income or 20 times the federal minimum weekly wage, whichever amount is lower.

The Wage Garnishment Procedure in Broward County

When a debt collector pursues a wage garnishment judgment, the clerk of the court is required to send you a notice informing you of the garnishment. This notice must tell you that a creditor or debt collector is seeking a wage garnishment, and inform you of your protection under an exemption. You must file any exemptions you qualify for within 20 days of the date you received the notice. The creditor or debt collector must also send you written notice of the garnishment. They must send this notice within five business days of the writ of garnishment being issued, and they must send it by first class mail.

If you file an exemption and ask for a hearing, the creditor is served with a copy of the exemption. They then have 14 days from the day of service to file a written statement that replies to your exemption. The exemption you filed as well as your request for a hearing will be delivered to the creditor and they will only have eight business days to reply. If the creditor does not respond to your claim of exemption within the appropriate amount of time, the court will automatically void the garnishment. You will not have to attend a hearing to cancel the garnishment.

The Garnishment is Incorrect

If you believe the wage garnishment is a mistake, you can contest the judgment. It is crucial that you work with a Broward County debt defense lawyer who can advise on the best way to move forward. A garnishment may be incorrect if it was included in discharged debt in a previous bankruptcy, if you never owed the debt in the first place, or if you have already paid the debt.

Call Our Debt Defense Lawyer in Broward County Today

If a creditor is threatening you with wage garnishment, contact us at Loan Lawyers to speak with a knowledgeable Broward County debt defense attorney. We will always review your case for free and ensure your rights are protected throughout every step of your case. Call us today at (954) 523-4357 or contact us online.

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Does Bankruptcy Stop Foreclosure?

If you have missed some mortgage payments, you are probably worried about the possibility of foreclosure. Some people simply give up at this point, but many more start thinking of ways they can keep their home. One of the first options that sometimes comes to mind is bankruptcy. In some cases, filing for bankruptcy will stop the foreclosure process and allow you to keep your home. In other instances though, bankruptcy can help delay foreclosure, giving you more time to determine how you will bring your loan current. Below, our Broward County foreclosure defense lawyers explain.

The Automatic Stay

Regardless of the type of bankruptcy you are filing, the judge will issue an automatic stay. Once the stay is issued, lenders and debt collectors cannot take further action against you until your bankruptcy case is finalized. That extends to your lender that provided you with your home loan. This means that as soon as you file bankruptcy, your lender cannot proceed with the foreclosure process until your bankruptcy case is over.

In addition to being protected from foreclosure at this point, creditors also cannot garnish your wages or take other legal action against you. Even if a foreclosure sale has already been scheduled for your home, an automatic stay can prevent it from occurring, allowing you to stay in your home. The majority of people who file bankruptcy in Broward County do not lose any of their property. Even when that is not the case though, an automatic stay often gives you enough time to catch up on your payments, so you can bring the loan current either during or soon after bankruptcy.

Stopping Foreclosure with Chapter 7 Bankruptcy

You have many options when filing for bankruptcy. The two types of bankruptcy that are most common in Broward County are Chapter 7 and Chapter 13 bankruptcy. In a Chapter 7 bankruptcy, you can have most of your unsecured debts discharged, including credit cards and other types of debt. Certain assets and property are sold off during the process to try and repay your creditors as much as possible.

Both state and federal laws outline certain exemptions from the bankruptcy process. An exemption means that certain types of property are exempt, and cannot be sold during the bankruptcy process. Different states handle the federal exemptions differently. Some states allow consumers to decide between using the federal exemptions or those outlined by the state. In Florida, consumers must use the state exemptions if they are eligible for them.

This is actually good news for homeowners trying to stop foreclosure by filing for bankruptcy. Florida does not place a limit on the homestead exemption, which is the equity in your home. Due to the fact that you can protect all of the equity in your home, it is very likely that a Chapter 7 bankruptcy can help stop foreclosure.

You must meet two main requirements in order to be eligible for the homestead exemption. The first is that you must have owned the property for at least 1,215 days prior to filing for bankruptcy. The second requirement is that the property cannot be greater in size than 160 acres, or one half-acre in a municipality. If you can meet these two requirements, it is likely that you are eligible for the unlimited homestead exemption.

Some other exemptions that apply during a Chapter 7 bankruptcy are as follows:

• $1,000 for personal property
• $1,000 for a motor vehicle
• $4,000 for personal property when the homestead exemption is not used
• The majority of retirement accounts
• Disability benefits and income
• Most government benefits
• Health savings accounts
• Most public benefits

A Broward County bankruptcy attorney will understand the different exemptions you are able to use to ensure your property is protected during the process.

Stopping Foreclosure with Chapter 13 Bankruptcy

During a Chapter 13 bankruptcy, your property is not seized in order to pay creditors the debt you still owe. Instead, your debt is reorganized into a repayment plan that is intended to make it more manageable for you to pay it. Still, some of your debt may be discharged during a Chapter 13 bankruptcy. However, it is still important to use exemptions, as they can help decrease the amount you have to pay.

A Chapter 13 bankruptcy may take anywhere between three to five years to resolve, as that is the timeline of most repayment plans. Most homeowners find that their mortgage payments become more manageable with one of these plans and so, they do not end up losing their home.

Many homeowners are also surprised to learn that a Chapter 13 bankruptcy can also help them eliminate a second mortgage on their home. If you have a second mortgage and your primary loan is greater than the current market value of the property, a Chapter 13 bankruptcy can help you eliminate the second loan completely. After the mortgage is removed from the home, it is treated just like any other type of unsecured debt.

Regardless of the type of bankruptcy you are filing, you should work with an attorney who knows the law and can apply it to your case. The bankruptcy process is a long and arduous one, and making even the slightest mistake could put your whole case in jeopardy. Even worse, a small mistake such as omitting property you own or miscalculating a debt you owe may mean being charged with bankruptcy fraud, which is a very serious offense. A lawyer will make sure no mistakes are made in your case, and will help make the entire process much easier.

Call Our Bankruptcy Lawyer in Broward County Today

If you are in fear of losing your home, our Broward County bankruptcy lawyers can advise you of your legal options. At Loan Lawyers, our skilled attorneys have helped thousands of people successfully file, and we can put that experience to work for you, too. Call us now 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 is a Notice of Default or a Notice of Trustee Sale?

Foreclosure in Florida entails many different steps. Two of the most important the lender must take are issuing the notice of default and notice of trustee sale. It is normal to feel trapped or helpless when you receive a notice of default from your lender. It is important that you do not give up. Simply receiving this notice does not mean you will lose your home. If you do allow the foreclosure to continue, the lender must also issue a notice of trustee sale.

There are strict requirements placed on both the notice of default and the notice of trustee sale. When lenders do not comply with these strict requirements, it can serve as a foreclosure defense. Below, our Fort Lauderdale foreclosure defense lawyers explain what you need to know about these two important notices.

What is the Notice of Default?

Your lender will issue a notice of default if they believe you have violated the contractual terms for delinquent payments. Usually, this means that you have not paid your mortgage for at least three consecutive months. The notice does not only inform you of the default, but also of the fact that the lender is prepared to take legal action, which could result in you losing the property.

Once the lender has issued a notice of default, you are in the pre-foreclosure phase. At this point, your lender may still be willing to negotiate with you. Lenders do not really want to foreclose on homes. It is a long and costly process for them, and all so they can recover a property they do not really want. The options available for reversing the default status on your loan may include:

• Making a payment or payments to bring the loan current
• Negotiating for a loan modification, which could include changing the principal amount left on the loan, the interest rate, and more
• Arranging a short sale in which you sell the property before the lender can foreclose on the home

After receiving the notice of default, it is important to remember that the foreclosure process is a long one. There are many defenses available that can help you remain in your home. If your lender has issued a notice of default, it is essential that you speak to a Florida foreclosure defense lawyer who can explain what those options include.

Notice of Trustee Sale

Florida is a judicial foreclosure state. That means in order to foreclose on your property, the lender must file a lawsuit with the appropriate court to start the process. After that, the court must approve every action they take when trying to foreclose on your home.

After the lawsuit is filed with the court, the foreclosure trustee or the attorney for the lender will schedule a date to sell the property. A notice of trustee sale, sometimes also referred to as simply a notice of sale, is recorded in the same county where the property is located. The notice of trustee sale must state the exact location and time of the sale, as well as the minimum opening bid for the home.

In Florida, lenders must also publish a notice of the foreclosure sale in a newspaper. The notice must be published one day a week for two weeks in a row. The second time notice is published must be a minimum of five days before the sale.

The Foreclosure Sale

The notice of trustee sale is important because it tells the public of the day of the sale. Under Florida law, the sale must occur between 20 and 35 days from the date of the foreclosure judgment issued by the courts. The sale is open to the public and bids are placed during an auction.

Lenders can bid on the property at a foreclosure sale. In most cases, lenders make what is known as a credit bid. The lender bids the amount of debt owed on the mortgage, essentially earning credit in this amount. Lender can bid the entire amount of the debt, including foreclosure costs and fees, or they may bid less. If the winning bid is less than the amount owed on the home, the lender can ask the court to issue a deficiency judgment against the borrower.

If a deficiency judgment is granted, the lender can then pursue the previous homeowner for the amount that is still owed. Any proceeds from the foreclosure sale will be subtracted from the original debt. If a deficiency judgment is granted, it is for the amount of debt the foreclosure sale did not cover. When the lender is the highest bidder, the property is considered to be “Real Estate Owned.”

In some instances, a third party offers more than what is owed for the initial debt. If this is the case and the sale generates excess proceeds, the previous homeowner is entitled to the surplus. Before acquiring the money, you must use any extra proceeds to pay off liens on the property.

It is crucial to work with a foreclosure defense lawyer, even if you are going to lose your home in a foreclosure sale. If the lender obtains a deficiency judgment against you, it could result in thousands of dollars more in debt for you. A foreclosure defense lawyer will not only give you the best chance of keeping your home, but also shield you from any deficiency judgment that could make your life more difficult.

Call Our Foreclosure Defense Lawyer in Fort Lauderdale Today

Being sent a notice of default is scary, and it is stressful to receive a notice of trustee sale. At Loan Lawyers, our Fort Lauderdale foreclosure defense attorneys can help you understand what these documents may mean for your future. We will also advise on what defenses are available in your case, and will work hard to make sure you obtain the most favorable outcome possible. Call us now at (954) 523-4357 or fill out our online form to request a free review of your case.

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Pitfalls to Avoid If You Have a Reverse Mortgage: Property Taxes and Property Insurance

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 must 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 with a Reverse Mortgage?

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 of 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?

1. The borrower’s failure to pay all property charges, one of which includes property taxes is one of the hazards that should be avoided.
2. The borrower’s failure to pay all property charges, another of which includes property insurance is also a hazard that should be avoided.
3. The insurance for fire, flood, and hazard must be maintained in the amounts, to the extent, and for the period required by the lender.
4. The borrower also has to ensure improvements on the property whether they exist at the time the loan is issued or subsequent to the loan being issued.
5. The borrower also must provide evidence of payment of property charges to the lender. If the borrower fails to make these payments, the lender may pay whatever is necessary to protect the lender’s rights in the property including payment of taxes and/or insurance. The lender may also foreclose if the lender is forced to pay the property taxes and/or insurance because of the borrower’s failure to timely do so as this constitutes a breach of the terms of the mortgage.

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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Can a Debtor Make Donations to a Charity or a Religious Organization While in Bankruptcy?

Quite frequently, the issue of what types of spending are allowed for someone who is in bankruptcy or in the process of considering filing is the same. One such type of spending that may raise some questions is that of charitable or religious contributions. The issue is an interesting one. Can a bankruptcy filer tithe to church or charity while in bankruptcy? What happens to such contributions made prior to filing?

On June 19, 1998, former President Bill Clinton signed the Religious Liberty and Charitable Donation Protection into law. The purpose of the law was to offer a measure of protection to the qualified charitable or religious donations made by a debtor before and during the bankruptcy filing. The provisions under the Religious Liberty and Charitable Donation Protection Act were subsequently incorporated into the Bankruptcy Code. Two of the most significant provision in that Act were:

• While in a Chapter 13 bankruptcy, a debtor is allowed to exclude up to 15% of her gross annual income from her disposable income if such amounts are earmarked for religious or charitable contributions. This provision is codified in §1325 (B)(2)(A)(ii) of the Bankruptcy Code.
• Pre-petition contributions would not be considered transfers if:
  1. The amount of the contributions do not exceed 15% of the debtor’s annual income for that year; or,
  2. The contributions exceed 15% of the debtor’s annual income but were consistent with the debtor’s pattern of past charitable or religious contributions. The issue of pre-petition contributions is addressed in §548 of the Bankruptcy Code. This would prevent the recipient of a qualified charitable or religious donation from being sued by a Chapter 7 trustee to recover the contribution or a Chapter 13 debtor being forced to repay those contributions.

Of course, a debtor’s contributions must be made to a qualified religious or charitable organization that meets the definition of the same under section 170 of the Internal Revenue Code. Some examples of organizations that meet this requirement include churches, synagogues, and certain charities organized for the public good.

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

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 today.

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Why You Need to Consider Hiring a Loan Modification Lawyer

The thought of foreclosure is enough to strike fear in the heart of any homeowner. If you have missed mortgage payments or your lender has already sent notice of foreclosure, it is important to remember that you have options. One of these may be applying for a loan modification with your lender. You are not required to work with a Fort Lauderdale loan modification lawyer when entering into these negotiations, but it is important that you do. Below, our attorneys outline the top seven reasons you should consider hiring a loan modification lawyer.

Many Homeowners are Foreclosed On After Being Granted a Loan Modification

Banks are not allowed to foreclose on a home during the loan modification process. Unfortunately, that does not mean they never engage in the practice. Far too many homeowners have been led to believe the lender has granted a loan modification, only to learn that the bank is moving forward with foreclosure anyway. A skilled attorney will prevent this from happening and will ensure the lender upholds their promises.

Loan Modifications are Not Always Granted

You may think that a loan modification can greatly help your situation, and you may have even come to terms that are reasonably fair. That still does not mean that the lender will agree to grant the modification. A loan modification lawyer can negotiate with the lender on your behalf and give you the best chance of obtaining a loan modification that is more affordable than your current situation.

The Lender May Be Working Against You

Sometimes, lenders offer loan modifications simply so the homeowner will stop fighting back against the foreclosure. That makes it easier for them to move forward with the foreclosure process and many times, homeowners do not realize it is happening until it is too late. When this happens,

you may end up relinquishing your rights, and eliminating options that may have been available to you otherwise. A loan modification lawyer in Fort Lauderdale will protect your rights and ensure you are not caught in this situation.

The Lender May Obtain a Default Judgment

You may think that even if the lender acts dishonestly and forecloses on the home during the loan modification process, the worst that will happen is that you lose your home. Unfortunately, it is not that simple.

If the lender is successful with foreclosing on the home, they could go one step further and try to obtain a default judgment against you. If they are successful with this, you could still be held responsible for paying the missed mortgage payments. This will place you in an even harder financial position. A loan modification lawyer will ensure the lender waives the right to pursue a default judgment in the future.

An Attorney Will Ensure the Paperwork is Completed Properly

There is a lot of paperwork involved with a loan modification and if it is not done properly, it could cost you a great deal of money, or even the loss of your house, in the future. Applying for a loan modification is a much more complex process than simply filing a form with your lender. An attorney will make sure all of the important paperwork is filed properly and structure your case properly so you are protected and have the best chance of obtaining a loan modification.

Banks are More Likely to Negotiate when You Work with a Lawyer

Banks understand that when borrowers work with a loan modification lawyer, they are not going to be able to simply obtain a summary judgment against the homeowners. Lenders know that they will have to go to court, and comply with the law, because the attorney will make sure they do. A lawyer will also have the necessary experience with negotiation tactics so you get the best deal possible.

An Attorney Will Get You a Better Deal

Even in the rare cases in which lenders do grant a loan modification, their priority is still focused on their own profits, and not working with you to reach an affordable agreement. As such, they may include terms and conditions within the agreement that protects them, and not you. A lawyer will know how to negotiate the best terms and conditions for you and secure a deal that looks after your best interests.

What will a Loan Modification Lawyer Do for You?

Many people are hesitant to hire a loan modification lawyer without realizing the many benefits legal counsel can bring to the case. When working with an attorney, they will:

● Review the details of your financial situation and obtain the necessary information that will maximize your chances of successfully obtaining a loan modification

● Compare your financial information with the programs offered by your lender

● Review your household income and expenses to determine if you are eligible for the programs offered by your lender

● Determine the monthly mortgage you are able to pay, so you know what to ask for during the loan modification process, and to make sure you will be able to continue making the modified payments going forward

● Negotiate with the lender for the best terms and conditions that will protect your best interests

● Hold the lender accountable for fulfilling any promises they made you

● Ensure the lender does not move forward with the foreclosure process after they have agreed to a loan modification

Call Our Loan Modification Lawyer in Fort Lauderdale Now

It is easy to imagine the worst-case scenario when you have missed mortgage payments or your lender has initiated foreclosure proceedings. Fortunately, you do have many options available to you. At Loan Lawyers, our Fort Lauderdale loan modification lawyer can explain those options to you and negotiate a fair deal that is affordable and that will help save your home. Call us now at (954) 523-4357 or fill out our online form to request a free consultation with one of our seasoned attorneys and to learn more about how we can help with your case.

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Are You Being Called by Zakeim & Associates, P.A.?

Being called by debt collectors is always stressful. When they call repeatedly, you may even become angry and frustrated. Debt collectors, and the law firms that represent them, are not allowed to contact you to a point where it is considered harassment. That does not mean it does not happen, though. In fact, thousands of complaints are filed with the Federal Trade Commission every year regarding harassing debt collection tactics.

If you have been concerted by Zakeim & Associates, P.A. and feel as though you are being harassed, it is important to know that you have legal options. Below, our Florida debt defense lawyer explains what those are.

Who is Zakheim & Associates, P.A.?

Zakheim & Associates, P.A. is a law firm that has recently changed their name to the Zakheim Law Group. The practice is located in Plantation, Florida where it was established in 1988. Scott C. Zakheim is the managing partner and the firm employs approximately 93 workers. The phone numbers Zakheim & Associates, P.A. uses are 1-800-531-5490 and 1-954-735-4455. If you see either of these numbers on your call display, it is likely that Zakheim & Associates, P.A. is calling you to try and collect on a debt.

If you do not want to speak to the law firm and they leave a message, they must properly identify themselves. If they do not, or if the person on the phone violates the law, it is critical that you speak to a Florida debt defense lawyer who can protect your rights.

You Have Rights Under the Fair Debt Collection Practices Act (FDCPA)

All consumers in Florida, and throughout the rest of the country, are protected by the Fair Debt Collection Practices Act (FDCPA). Under this federal Act, third party debt collection companies, and the law firms such as Zakeim & Associates, P.A. that represent them, cannot engage in bullying or harassing tactics. Some of the unlawful tactics these companies engage in are as follows:

● Using abusive or profane language when talking to you

● Failing to prove they have the authority to collect on a specific debt, or verify the debt when you ask

● Threatening to garnish your wages or seize your property when they have no intention of doing so

● Threatening to have you arrested if you do not pay the debt

● Calling before 8:00 in the morning or after 9:00 at night, according to the time zone in which you reside

● Reporting incorrect information to the credit reporting agencies maliciously

● Misrepresenting themselves as a member of law enforcement or as lawyers

Zakheim & Associates, P.A. has violated the above provisions of the FDCPA repeatedly. If they have tried any of the above tactics on you, now is the time to speak to a Florida debt defense lawyer.

The Case Against Zakheim & Associates, P.A.

Many complaints have been filed against Zakheim & Associates, P.A. but there is one that is fairly notorious. The complaint can be found on the Public Access to Court Electronic Records (PACER) and it came from Robert Waite, a resident in Florida, after he stated that Zakheim & Associates, P.A. started harassing him in approximately 2009. The company left many messages for Waite, asking him to call their toll-free phone number.

The person calling never identified themselves as a debt collector in the messages. Waite also alleged that the company never sent him a letter validating the debt. Wait filed a lawsuit against the law firm, accusing them of a number of violations of the FDCPA. The violations Waite cited in his case were as follows:

● Harassing him when they contacted him by phone

● Failing to identify themselves as a debt collector each time they phoned

● Threatening legal action that could not be taken

● Using deceptive, misleading, and false means to collect on a debt

● Failing to properly verify the debt when asked

Waite won his lawsuit and the matter was settled out of court.

Holding Zakheim & Associates, P.A. Accountable for Violations of the FDCPA

Understanding that Zakheim & Associates, P.A. has violated the law is an important first step in protecting your rights. Then, it is important to speak to a Florida debt defense lawyer who can help you take the appropriate legal action.

Under the FDCPA, if a debt collector or law firm representing a debt collector has violated the law, you can file a lawsuit against them. Within your lawsuit, you can claim any actual damages you have suffered. For example, if Zakheim & Associates, P.A. has contacted you at work after you have asked them not to, and your employer reduced your hours as a result, you can claim the lost income within your lawsuit against the law firm. You can also claim your legal fees, and up to $1,000 in statutory damages.

The Florida Consumer Collection Practices Act (FCCPA) is a state law that largely mirrors the FDCPA. Anytime Zakheim & Associates, P.A.has violated the FCCPA, you can also file a lawsuit to pursue damages. Unlike the FDCPA, you can also claim punitive damages under the FCCPA. Punitive damages are not meant to compensate you for your losses. Instead, they are meant to punish the

debt collector for behavior that is particularly egregious and malicious. For example, if a debt collector threatened to have you arrested, when that is not possible under the law, a court may find that behavior to be particularly egregious and may award you punitive damages.

Our Debt Defense Lawyers in Florida Will Protect Your Rights

Just because Zakheim & Associates, P.A. is calling you does not mean that you will face legal action. However, it is important you act quickly and call our Florida debt defense lawyers today. At Loan Lawyers, our attorneys have helped thousands of people defend against debt collection lawsuits, and we will put that experience to work for you. Call us now at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help with your case.

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