What To Do About Robocalls?

Robocalls this year are expected to reach 48.5 billion, down only slightly from the 50.4 billion calls in 2021, according to the latest figures by YouMail, a robocall blocking and tracking firm. That volume of calls breaks down to an eye-popping 4 billion monthly robocalls.

It’s hoped that the FCC’s latest efforts—along with an expanded partnership with 36 state attorneys-general, will help steepen the drop in robocalls.

The FCC said that over 8 billion robocalls originate from a single bad actor with operations based in Panama. The rogue company uses small U.S.-based carriers to route millions of daily robocalls onto large consumer phone company networks, according to the FCC.

“Auto Warranty” scam robocalls resulted in more consumer complaints to the FCC than any other unwanted call category each of the last two years, the agency says.

These calls usually claim your insurance or warranty is about to expire and they frequently use consumers’ real information in order to appear legitimate, the FCC says.  These calls may be seeking consumers’ personal or financial information in order to defraud them, hoping to initiate a payment, and/or garnering information about active phones, the agency added.

Consumer Tips Against Robocalls

The FCC offered some tips to consumers when they do receive a robocall:

• Don’t share. Do not provide any personal information to anyone who calls you unexpectedly.
• Be aware. Telephone scammers are good at what they do and may use real information to gain your trust and imply that they work for a company you trust.
• Use Caller ID. Criminals might use “spoofing” to deliberately falsify the information transmitted.
• Double-check. If you think it might be a legitimate call, hang up and call the company with which you have an established business relationship using a phone number from a previous bill or on their website.
• File a complaint with the FCC.

Talk to an Experienced TCPA Violation Attorney in Fort Lauderdale, FL Today

Our experienced Fort Lauderdale TCPA violation attorneys at Loan Lawyers will review the specifics of your case and provide solutions for you. Contact us online or give us a call today and schedule a free consultation with our skilled attorneys.

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What’s the Difference Between a Forbearance Agreement, Repayment Plan, and Loan Modification?

When you’re having problems making your monthly mortgage payments, you might have a few options to negotiate with the lender to get current on your mortgage or make your payments more affordable. It’s important to understand the differences between a mortgage loan modification, forbearance agreement, and repayment plan, so you can choose the best option for your financial and personal situation.

What’s the Difference Between a Forbearance Agreement, Repayment Plan, and Loan Modification?

While forbearance agreements and repayment plans spread a couple of payments over a longer period, loan modifications permanently alter the monthly payment. Mortgage forbearance agreements and repayment plans are typically used when a homeowner has a temporary situation that makes it difficult to meet monthly payment obligations. However, a loan modification agreement may be a better option for a homeowner who simply cannot afford their mortgage.

What Is a Loan Modification?

A loan modification is an agreement between you and the lender to change the terms of your mortgage loan to make your monthly payments more affordable. Lenders may agree to one or more modifications to your mortgage, including lowering the interest rate, extending the loan term length, or forgiving a portion of the principal amount.

Altering the interest or extending the loan term are frequently favored by banks, since forgiving part of the mortgage principal means the bank won’t be paid back some of the money they loaned. Waiving some principal can also have consequences for the homeowner, such as tax liabilities.

What Is a Forbearance Agreement?

In a mortgage forbearance agreement, the lender agrees to temporarily suspend or reduce your monthly mortgage payments. Mortgage forbearance agreements may be used when you only need a few months of relief from your mortgage payments, such as when you are temporarily disabled from working or between jobs.

The interest on your mortgage loan typically continues to accrue during the forbearance period. To make up for it, you may be required to make a lump sum payment when the period ends or have slightly higher monthly payments over the rest of the loan period.

What Is a Mortgage Repayment Plan?

Using a mortgage repayment plan to avoid foreclosure can help when you have missed one or two monthly payments. In repayment plans for mortgages, the lender agrees to spread out the past due balance over a period of months or years. Once you have paid off the past due balance, your monthly payments will return to their normal amount.

Get a Free Consultation with Our Debt Relief Attorneys to Evaluate Your Options

If you are having trouble making your mortgage payments, you have options for resolving your financial difficulties and keeping your home. Contact Loan Lawyers today for a free consultation to speak with our debt relief attorneys.

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Things to Know About Filing Bankruptcy in Hollywood, Florida

Bankruptcy is a very good option for many people struggling with significant debt that they cannot repay. Although bankruptcy will stay on your credit report for some time, it also gives you a clean financial slate so you can make a fresh start. Filing bankruptcy has the potential to become more complex than many people think. Below, one of our Hollywood bankruptcy lawyers explains the most important things you should know about Chapter 7 and Chapter 13 bankruptcy if you are considering filing.

How Does Chapter 7 Bankruptcy Work in Hollywood, Florida?

A Chapter 7 bankruptcy allows you to discharge most if not all of your unsecured debt. The process of filing Chapter 7 involves the following steps:

• Determine if you are eligible: Not everyone is eligible to file Chapter 7 bankruptcy. You will have to pass a means test, which is not easy. A Hollywood bankruptcy lawyer can help you determine if you are eligible, and if Chapter 7 is the right option for you.
• Consider appropriate exemptions: Part of the Chapter 7 process is selling your assets so the proceeds can be distributed among your creditors to cover a portion of your unpaid debt. Your lawyer can advise on which property you own that is exempt from being sold. For example, Florida law provides a very generous homestead exemption that can allow you to exempt the equity in your home.
• Submit the bankruptcy petition: Your bankruptcy case officially starts when you submit the bankruptcy petition to the court, essentially asking the court to grant you a discharge. Your lawyer will help you complete the petition and ensure it includes all the necessary information.
• The automatic stay: As soon as you file your bankruptcy petition, the bankruptcy court will issue an automatic stay. The automatic stay places a hold on any debt collection attempts, so creditors and debt collectors cannot contact you to try and recover the debt.
• The bankruptcy trustee: A bankruptcy trustee will be assigned to your case. The trustee will handle certain aspects, such as object to certain exemptions, meet with the creditors, and inform the court of any status update in your case.
• Adversary claims: Creditors have the right to file an adversary claim if they believe the debt they own is non-dischargeable or they believe the borrower has misused the bankruptcy process.
• The discharge: Lastly, any assets that were not exempt are sold by the bankruptcy trustee and the bankruptcy court will discharge any of your debt that is eligible.

How Does Chapter 13 Bankruptcy Work in Hollywood, FL?

Not everyone is eligible, or wants to, file Chapter 7 bankruptcy, so they file Chapter 13 bankruptcy. Instead of discharging your debt so you are no longer responsible for it, your debt is reorganized into a payment plan. The payment plans in Chapter 13 bankruptcy generally last from three to five years and while you are still responsible for the debt, it is much easier for you to repay. Like Chapter 7, a Chapter 13 bankruptcy can protect you from foreclosure, wage garnishments, and more. The most important things to know about Chapter 13 bankruptcy are as follows:

• The automatic stay: The same type of automatic stay that is issued in Chapter 7 bankruptcy is also issued as soon as you file your petition for Chapter 13. Debt collection efforts must stop once the stay is issued and the stay can even cancel a foreclosure hearing that was already scheduled.
• Mortgage modification: You can force your mortgage lender to agree to a five-year repayment plan that will allow you to pay any missed payments. You do not have to apply for a loan modification and the bank must accept the repayment schedule. A bankruptcy trustee will oversee your case, including the mortgage modification.
• Eligibility: Just like Chapter 7, there are certain requirements one must meet before they can file Chapter 13 bankruptcy. Only individuals who live in the United States can file Chapter 13, so businesses are not eligible. Although there is no means test, there is a requirement that you must have a regular source of income. If you are filing jointly with your spouse, only one of you must have a regular source of income.
• Limits on debt: You can only have a certain amount of debt to file Chapter 13 bankruptcy. Your unsecured debt, or the debt that does not have collateral attached to it, must not exceed $394,725. Your secured debt, or that which does have collateral attached to it, cannot exceed $1,184,200.
• Credit counseling: The bankruptcy courts do not want to grant you bankruptcy only to have you file again soon afterwards. To prevent this from happening, borrowers are required to complete two credit counseling courses. The first course must be completed no longer than 180 days after the petition was filed. Once the case has been filed with the court, the borrower may be required to take another course.
• Creating the repayment plan: You will likely want to include the smallest payments possible when creating your repayment plan, while your creditors will try to get the largest payments possible. It is critical to work with a Hollywood bankruptcy lawyer who can negotiate a fair and reasonable repayment plan.
• Filing the repayment plan: Once you have created a repayment plan, you must submit it to the bankruptcy court for approval. You must submit the repayment plan within 14 days of filing your case. It is important to work with a lawyer because if the court does not find that your plan is satisfactory, it can cause unnecessary delays and unintended consequences.

Call Our Bankruptcy Lawyers in Hollywood, Florida Today

If you need debt relief, do not hesitate to call our Hollywood bankruptcy lawyers. At Loan Lawyers, we have helped thousands of people successfully discharge their debt, and we can guide you through the process and give you the best chance of success, too. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case.

 

 

 

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Defenses to Foreclosure in Hollywood, Florida

Hollywood is a beautiful beachfront community situated between Miami and Fort Lauderdale. Famous for the long Hollywood Beach Boardwalk and dotted with palm trees, the city truly is a paradise for residents. Unfortunately, as picturesque as the city is, things are not always perfect. Like much of Florida, foreclosures are quite common in Hollywood, causing some people to fear the loss of their home. If you have received a foreclosure notice from your lender, it is important to remember that there are defenses available.

You Have Options When Facing Foreclosure in Hollywood

Your home is likely your most valuable asset. It may also be the place where you raise your family, entertain friends, and make good memories. It is natural to feel panicked upon hearing that your lender is going to foreclosure, but it is important to remain calm. You do have options, and they may include keeping your home.

If you wish, you may choose to let the lender continue with the foreclosure process and eventually give up your rights to the property. This is actually a good option for some facing foreclosure, particularly if they cannot afford to continue making mortgage payments.

However, if you want to keep your home and fight the foreclosure, this might be the right option for you. A Hollywood foreclosure defense lawyer can advise on the potential defenses available in your case and help you through the process to give you the best chance of a successful outcome.

Loan Modifications

One of the most common ways Hollywood homeowners avoid foreclosure is by negotiating a mortgage loan modification with the lender. During these negotiations, any part of your mortgage loan can be modified. The goal of loan modification negotiations is to create a new payment plan that is easier for you to repay. A foreclosure defense lawyer can negotiate a modification of any part of your mortgage, including:

• The interest rate
• Your monthly payment
• Elimination of late fees
• The original amount of the loan
• Extending the life of the loan, reducing monthly payments as a result
• Establishing a temporary pause on payments until you are able to resume making them again

Filing for Bankruptcy

Bankruptcy is another legal option that can help you keep your home. If you file Chapter 7 bankruptcy, you can discharge most or all of your unsecured debt. During a Chapter 7, you may have to forfeit some property to the bankruptcy trustee, who will sell the assets and distribute the proceeds among creditors and other lenders. In many states, this includes the borrower’s home.

Fortunately, Florida law does not place a cap, or limit, on the amount of home equity you can protect. As such, if you have enough equity, you may be able to keep your home. Discharging your other debt can also make it easier to make your current and delinquent mortgage payments.

Not everyone qualifies for Chapter 7 bankruptcy, and it is not always the right option for even those who do. A Chapter 13 bankruptcy can also help you keep your home. During a Chapter 13 bankruptcy, your debt is not discharged but instead, is restructured in a new repayment plan. This plan can make it easier for you to repay all of your debt, including your mortgage payments.

Procedural Due Process

When defending you during the foreclosure process, a lawyer will first review any document or other important material related to your case. Along with your original mortgage loan, a lawyer will also review any other important documents,  witness statements, testimonials, receipts of payment, and more. All of this documentation is important when entering into negotiations with your lender. After reviewing the documents, a lawyer may then build a defense that involves:

• Withdrawing the home: If you obtained your mortgage within the last three years, or you have recently refinanced your home, you may be eligible for a loan withdrawal. After withdrawing the loan, you may also receive financial compensation for any interest or other fees you have paid.
• Missing documents: Under Florida law, lenders must submit certain documents when they file the foreclosure action. They must be able to show that they own the loan, usually through the mortgage note, and they must also include any documentation pertaining to mortgage payments that were made or missed. Sometimes this documentation shows an accounting or billing error that can stop a foreclosure. For example, the documentation may show that you made a payment but the lender credited it to the wrong account.
• Fraud: It is not unheard of for lenders to commit fraudulent acts against homeowners. They may include hidden fees, or frequently refinance a loan to no benefit of the homeowner, charge unfairly high-interest rates, or target vulnerable sectors such as elderly individuals.

Why Work with a Hollywood Foreclosure Defense Lawyer?

You are not required to work with a Hollywood foreclosure defense lawyer when trying to keep your home. However, an attorney will help you prepare for the process and will know the potential defenses available.

A lawyer will also represent you if your case goes to trial. If your case makes it to that point, your lender will argue their case to a judge who will then make the final decision. A trial is an intimidating and overwhelming experience, particularly for those who have never been involved in one. A lawyer will build a strong defense in your case and make arguments to the court pertaining to why you should keep your home.

Call Our Foreclosure Defense Lawyer in Hollywood for a Free Case Review

If you have received notice that your lender is starting foreclosure proceedings, you need sound legal advice. At Loan Lawyers, our Hollywood foreclosure defense lawyers have extensive experience representing borrowers and helping them stay in their homes. We will put that experience to work for you in the courtroom or when negotiating with your lender. Call us now at (954) 523-4357 or reach out to us online to schedule a free consultation and to obtain the sound legal advice you need.

 

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Look Before You Leap: Dangers of Inadvertently Reaffirming Time-Barred Debts

Between the scam calls and debt collections, sometimes your phone can feel like your enemy. It is especially unnerving to receive collection calls on debts that you believed were written off ages ago. These collectors sometimes encourage you to make any payments you can on these old debts-even as low as a single $10 payment. Such a low payment may not seem like much to you especially if the balance is exponentially higher, but it is important to pause and consider the implications BEFORE making a payment or promising to pay.

Statute of Limitations for Debt in Florida

In Florida, the statute of limitation i.e. the time that a creditor has to sue you to collect on a debt is five (5) years for breach of contract. See Fla. Stat §95.11. Customarily, we count the five years from the date that the account was charged off. If the debt is past the statute of limitations, the creditor cannot sue you to collect on the debt unless you make a payment or promise to pay. By promising to make a payment or making this payment, even a nominal one, you reaffirm the debt and the statute of limitation may restart. This means that the creditor may now have an additional five (5) years to sue you for the debt. This can result in some unfortunate outcomes.

Recently, a creditor filed a proof of claim in one of our bankruptcy cases seeking the payment of about  $1,100. The debt was however charged off in 2015, and our client was never sued for this debt. Because the debt was past the statute of limitation, we moved to have the debt excluded. Through researching the debt, we discovered that the creditor had convinced our client to make a $20 payment a few months before he decided to file for bankruptcy. This $20 payment caused our client to now be responsible for the repayment of a $1,100 debt.

Hopefully, our client’s mistake can save someone else from making a similar one. Before making a payment or a promise to pay on a debt that is more than four (4) or five (5) years old on which you have not been sued, it is best to discuss this with an experienced attorney.

Talk to the Skilled Debt Defense Attorneys in Fort Lauderdale at Loan Lawyers Today

Call us now for your 100% free consultation with one of our debt defense 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.  Give us a call today.

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