What Happens to Credit Card Debt After a Person Dies in Florida?

Many people are so concerned with dealing with their credit card debt while they are alive, that they do not even think about what will happen to it if they pass away. Unfortunately, debts do not always die with a person, and for those that have not made the necessary provisions, surviving family members could end up paying for it. Lenders and debt collectors do not make this any easier when they contact relatives and friends telling them to pay the debt with their own money. So, what happens to credit card debt after a person dies in Florida, and how can you protect your loved ones?

The Estate Will Pay Debt

A person’s estate is everything they own after they die. Assets often include real estate, bank accounts, retirement savings, and more. The estate is settled after a person passes away, and anyone that has a right to get paid from the estate is notified. The executor of the estate plan or the personal representative will notify all creditors that have a right to a portion of the estate either by contacting them directly or through publication.

Lenders and debt collectors only have a limited time to recover debts from the estate. After creditors have collected their share, the remainder of the estate is passed on to the beneficiaries.

How Different Debts Are Handled After Death

A person may carry many different types of debt during their life, and these are not all treated equally in the event that a person dies. The most common forms of debt a person still carries, and how they are handled after the borrower passes away are as follows:

• Personal loans: A personal loan can consist of a single agreement drafted between a borrower and a bank, or several credit cards someone held during their life. Personal loans are typically unsecured loans, meaning there is no collateral attached to the debt. If the estate does not have enough assets to pay this debt, the creditor or debt collector is usually out of options.
• Student loans: Student loans are also usually not secured, but they are often discharged when a borrower dies. This is particularly true of federal student loans. Private lenders of student loans may have different policies.
• Mortgage loans: Mortgages and other similar home loans, such as lines of equity, are secured with the property. If the debt is not properly paid, the lender can start the foreclosure process in an effort to sell it and recover at least a portion of the debt owed. The foreclosure process does not typically start immediately, as federal law allows specific relatives to take control of home loans.
• Car loans: Auto loans are also secured with collateral, which is the vehicle. When auto loans are not paid, the lender does have the right to repossess the vehicle. Still, the majority of lenders are only interested in recovering the debt and are likely to allow relatives to keep the vehicle if they are willing to take over the debt.

Although lenders and debt collectors can take assets and money from the estate in order to recover their debt, there are ways to prevent this from happening.

Property Exempt from Probate

Creditors and debt collectors can only try to recover debt from the property that is in probate. It is not uncommon for assets to pass to beneficiaries without the need for probate. Many people do this because probate is an expensive and lengthy process. Still, it can also provide the benefit of keeping assets away from creditors to pay back debt, and ensure heirs receive what is theirs.

• Designated beneficiary: Some assets include a designated beneficiary provision that stipulates how assets are to be handled after someone’s death. Beneficiaries are the people chosen to receive assets upon someone’s death. For example, life insurance policies typically outline certain beneficiaries and the death benefits available under this type of coverage are typically protected from creditors.
• Joint tenancy: Joint tenancy with rights of survivorship is a very common way to allow assets to avoid the probate process. This is commonly seen when a married couple has a joint bank account together. If one of them passes away, the surviving account holder has 100 percent control of the account. This option is sometimes risky and is not always appropriate. It is important to speak with an attorney before entering into joint tenancy to determine if it is worth it just to avoid paying a debt.

Trusts and other arrangements are also a very effective way to keep certain assets out of the probate process and therefore, protect them from lenders and creditors.

Accounts with Multiple Borrowers

While there are ways to protect assets from being sold to pay creditors and debt collectors, there are times when friends and family members may be found responsible for paying a debt. These most often when an account has multiple borrowers, such as:

• Joint accounts: Sometimes, an account such as a credit card has multiple borrowers and when that is the case, each person is considered 100 percent responsible for the debt.
• Co-signers: Co-signing a debt is a risky act because if the borrower cannot pay the debt, it becomes the responsibility of the co-signer. While there are a few exceptions in the event of death, many co-signers are still responsible for the debt even if someone passes away.
• Authorized borrowers: Some types of debt, such as credit cards, allow for one primary borrower and additional authorized users. Due to the fact that authorized users do not have an agreement with the company, they are typically not responsible for the debt if the main borrower passes away. However, if you can foresee a death and go on a big shopping spree, you could still be responsible for repaying the debt.

If you are found responsible for a debt and a collector has taken legal action against you to collect it, it is important to speak to a Florida debt defense lawyer.

Call Our Debt Defense Lawyers in Florida Today

Facing a debt lawsuit may seem hopeless, but there may be ways to defend against it. If a creditor or lender has threatened to take legal action against you, our Florida debt defense attorneys at Loan Lawyers can help. Call us today at 954-807-1361 or contact us online to schedule a free consultation.

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What Is Robo-signing in South Florida Foreclosures?

Mortgage servicer Ocwen recently settled $11 million in relief to settle foreclosure misconduct claims, and over $2 million of that settlement went to homeowners in Florida. While the win was a big one for people that had unfairly lost their homes in the past, it is a reminder that mortgage servicers do not always act honestly and in good faith.

In 2013, Ocwen also settled another matter that involved robo-signing, a practice that is illegal in South Florida and throughout the country. Robo-signing is rampant in the mortgage industry, and borrowers rarely know that it is taking place. So, what is robo-signing and how can you use it as a defense if you are in fear of losing your home?

What Is Robo-signing?

Robo-signing was one of the worst loan servicing abuses that came to light during the housing crisis of 2008. At the time, the mortgage servicing industry was often condemned by both the courts and the media for falsifying affidavits in thousands of foreclosure cases. While the practice is an illegal and dishonest one, it did provide many homeowners with defense in their foreclosure case. Robo-signing does not happen as much as it once did, but that does not mean it does not happen at all. If you are in fear of foreclosure, it is important to know what robo-signing entails, and if it was a part of your case.

In judicial foreclosure states, such as Florida, the lender foreclosing on the home must show that the homeowner did not pay their mortgage for a certain period of time, and that the bank has standing. To have standing means the lender owns the mortgage.

To prove these elements of their case, the lender must submit certain documents and a written statement signed under oath, known as an affidavit, must be signed by someone that typically works at the bank or a representative of the lender. The person that signs the affidavit must carefully review all of the paperwork associated with the loan, and they should have some personal reason for believing the facts within those documents to be true. The purpose is to prevent a foreclosure from occurring if the lender did not have standing or if the homeowner was not actually behind on their mortgage payments.

In 2010, many employees who worked for the big banks testified that they engaged in robo-signing practices. These employees did not fully review the documents presented to them and they had no knowledge that either the bank owned the loan, or that the homeowner was behind to the degree the foreclosure papers indicated. These employees stated that they spent approximately 30 seconds on each affidavit and that they could not confirm the facts being presented within the documents. It is because the affidavits are signed so quickly and without real review that those who sign them are known as ‘robo-signers.’

What Impact Do False Affidavits Have on Foreclosures?

In order to lawfully foreclose on a property, lenders must ensure the foreclosure paperwork is accurate and that it has been reviewed properly. If an affidavit, or another document associated with the foreclosure, is not correct, the foreclosure should not be allowed. Any document signed by a robo-signer could be considered incorrect because they do not have the time to fully review it and ensure that the documents they are attesting to are accurate.

Now that the practice of using robo-signers is so common, judges in South Florida are starting to take a closer look at the affidavits being submitted during a foreclosure case. Although at one time, judges mainly relied on the affidavit and automatically assumed them to be true, now a judge will look through the paperwork themselves more often to determine that everything is in order.

How to Challenge a Foreclosure Based on Faulty Affidavits

The robo-signing scandal cast a shadow on the integrity of the paperwork involved in a foreclosure case and today, the courts are much more likely to examine bank foreclosure affidavits and other documents. Judges are typically more willing to listen to claims from the homeowner that certain documentation is false or incorrect. Fortunately, due to the fact that Florida is a judicial foreclosure state, it is quite easy to challenge a foreclosure based on faulty affidavits.

In judicial foreclosure states such as Florida, in order to foreclose on your home, the lender or servicer must file a lawsuit against you and argue their case in court. It is at this point that you can raise the defense that a robo-signer was used in your foreclosure case and that the documents are not correct. How do you know that a robo-signer was used in your case? This is one way in which working with a South Florida foreclosure defense lawyer is of great help. A lawyer will know what to look for, and how to fight back against these practices.

Suspicious documents also provide borrowers more room for negotiating during the foreclosure process. If you can cast doubt on the paperwork being presented, the lender may be more motivated to help you through a mortgage modification or other defense instead of taking the matter to court.

Another way to challenge a foreclosure based on faulty affidavits is during a Chapter 13 bankruptcy. When going through a Chapter 13 bankruptcy in Florida, all creditors must file a claim in order to ensure they will receive payments according to the borrower’s Chapter 13 repayment plan. This applies to mortgage lenders, as well. If the lender cannot provide the necessary documents to prove the debt and the fact that it was reviewed under sworn testimony, the borrower can oppose the lender’s claim.

Call Our Foreclosure Defense Lawyers in South Florida Today

If you are in fear of losing your home, you may have more defenses available to you than you think. At Loan Lawyers, our South Florida foreclosure defense attorneys know the many defenses available and will use them to help ensure you can stay in your home. Call us today at 954-807-

1361 or fill out our online form to schedule a free consultation with one of our experienced attorneys.

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How to Fight Collection Efforts for Debts that Do Not Exist in Broward County

People undergo so many financial transactions in their lives that it’s impossible to keep track of them all. Debt collectors do not only know this, but they count on it. They use it to try and collect on debts that someone never owed. These are known as phantom debts, and you are under no legal obligation to pay a debt that you never borrowed. Of course, no debt collector will ever tell you that, and they are actually hoping that you do not ask.

So, if a debt collector is contacting you and asking you to repay a debt you do not believe you ever borrowed, is there anything you can do about it? Fortunately, there is.

Your Rights Under the Fair Debt Collection Practices Act (FDCPA)

While some creditors and debt collection companies do not act fairly, you do have rights. Under the federal Fair Debt Collection Practices Act (FDCPA), you have the right to ask the debt collector to verify your debt. This process is known as the debt validation process; you must request the validation within 30 days from the date of the first collection attempt. Once you have requested that the collector or creditor verifies your debt, they must provide proof that it has either owned the debt since it was borrowed or that they have purchased it from an original creditor.

If a debt collector can provide the necessary proof, they have the legal right to continue trying to collect on the debt. If they have standing—that is, they have something to lose if you do not repay the debt—the collector can even take legal action against you, such as filing a lawsuit against you and securing a court order that allows them to garnish your wages. On the other hand, if the collector cannot provide proof that they own the debt and that you owe it, they no longer have the right to continue trying to collect on the debt.

You can also determine if the debt is valid by checking your credit report with TransUnion or Equifax. If you do actually owe the debt, the original creditor and account may appear on your credit report. You can then ask the debt collector for the name on the original account and compare it with the report. If the collector states the correct name, it is a good sign that the debt is valid and can be collected from you.

It is important to note that credit reports do not always display the original creditor and account. For example, if you did not pay a utility bill and it was sent to a debt collector, your credit report will not show the original account. Any debt that has had the statute of limitations run out on it will also not appear on your report. It is important in this case to know that while the debt is still valid, the debt collector cannot take legal action against you to recover the debt.

Although checking your credit report is a good way to determine whether a debt is valid, debt collectors will sometimes list a phantom debt on your credit report. If, after checking your credit report, you see a debt you do not think belongs to you, you can dispute the debt. To start the process, send a letter to the credit bureau telling them you dispute the debt and specifically state

the errors you believe were made. Also, contact the furnisher of the debt to tell them you are disputing the debt. From there, the credit bureau will give you specific instructions on how to dispute the debt according to their own procedures.

After you contact the debt collector and the credit bureau, you should also get in touch with the original creditor if you have determined which company that is. You should inform them that a debt collection company is trying to collect on a debt that you have no record of borrowing. The creditor may be able to tell you if the debt is valid and if it has been sold to a specific debt collection company.

How to Stop Phantom Debt Collection Efforts

Just like with other unfair debt collection practices, it is possible to stop debt collectors from contacting you and trying to collect on a phantom debt. It is important to work with a South Florida debt defense lawyer to do this because you will have to start by sending the debt collector a cease and desist letter. An attorney will know the most important elements to include within the letter, including the actions you will take against them if they do not comply.

Although a cease and desist letter can stop phantom debt collection efforts, the debt collection company does have the legal right to contact you one more time after they receive your letter. During this point of contact, the debt collector can inform you that it will stop trying to collect on the debt, that it may take legal action to collect on the debt, or the specific legal action that will be taken.

How to Report Phantom Debt Collectors

Again, under the FDCPA, it is against the law for debt collectors to try and collect on debts that do not exist. If you have been contacted by a debt collector in regards to a phantom debt, you should report them to the Consumer Financial Protection Bureau, the Better Business Bureau, or Florida’s Attorney General. A debt relief lawyer can advise on whether you can also file a lawsuit against the debt collection company for certain damages.

Call Our Debt Defense Lawyers in South Florida Today

If you have been contacted by a collector for a debt you believe does not exist, call our South Florida debt defense lawyers today. At Loan Lawyers, we know how to prove a debt is not yours and will advise you of your legal options. Call us today at 954-807-1361 or contact us online to schedule a free consultation.

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Have you received a letter from Goede, Adamczyk, DeBoest & Cross?

Many homeowners in South Florida are finding themselves in foreclosure for falling delinquent on homeowner’s association and condominium association dues.  Typically the association will have an attorney sending a letter to the homeowner that the association intends to foreclose.

If you have received a letter from any of the attorneys from Goede, Adamczyk, DeBoest & Cross, we would be very happy to speak with you.  Just like the association and their lawyers expect you to play by the rules, we expect them to do the same.

If you have received any letters from Goede, Adamczyk, DeBoest & Cross, it’s possible that they have violated the Fair Debt Collection Practices Act and we want to speak to you for your free case evaluation.

Call us at 1.888.FIGHT.13 to speak with an attorney about your free case evaluation.

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Why Am I Being Sued By a Debt Collection Company That I Have Never Heard Of?

All of us have fallen on hard times at one point in our lives and have struggled to keep up with our debts.  However, sometimes circumstances beyond our control get the better of us and there simply is not enough money at the end of the month to pay every debt.  Once someone has missed payments on a debt, the debt is often charged off and sold to debt buyers.  A debt buyer’s entire business model is buying debts for pennies on the dollar and then chasing people who are struggling financially to get them to pay.  It can be an incredibly profitable business model.  Oftentimes these debt buyers will sue to collect on the debts.  Sadly, few people hire competent lawyers to represent them.  Many people just ignore the lawsuit (bad idea) and others call the lawyers who filed the lawsuit begging for a payment plan (also a bad idea).

It is not uncommon for the lawsuit to be the first time that someone has heard of this debt buyer who is now suing them.  Although the law requires them to send you a notice that the debt has been transferred to them, we hear all of the time that clients never received that notice. Some debt buyers that we see commonly in Florida are:

• Crown Asset Management, LLC
• Velocity Investments, LLC
• Jefferson Capital Systems, LLC
• Cascade Capital, LLC
• JHPDE Finance I, LLC
• Cavalry SPV I, LLC
• Credit Corp. Solutions, Inc.
• Unifund CCR, LLC
• Portfolio Recovery Associates
• Midland Funding
• Second Round Sub

If you have been sued by any of these debt buyers, or any others, please call Loan lawyers for your free consultation.  We may be able to get you out of the debt without you having to pay anything to that debt buyer!  We have handled thousands of these cases over years and have eliminated over $100million in debt.  We may be able to eliminate the debt you are being sued on.  Call us at 1.888.FIGHT.13 for your free case evaluation with one of our attorneys.

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How to Avoid Foreclosure Rescue Scams in Broward County

As state and federal forbearance programs come to an end, it has sent many homeowners into a panic. Without the foreclosure protection residents in Broward County have been enjoying for the past 14 months, many residents are in fear of losing their home. While Florida is not likely to see the same collapse of the housing market we did back in 2008, it is simply a fact that foreclosures are going to start increasing. In fact, there was already an increase in foreclosure activity in April, and Pensacola had the third-highest rate of foreclosures of all cities with a population over 200,000. As a state, Florida had the fourth-highest number of foreclosures in the country.

The news is grim and some homeowners might try to find relief in a foreclosure rescue company. Unfortunately, these companies are usually trying to take advantage of homeowners rather than help them. The only real professional that can help you keep your home is a foreclosure defense lawyer in Broward County. If you are in fear of losing your home, outlined below are some of the most common foreclosure scams in Florida, and how to avoid them.

Mortgage Modification Scams

If you are finding it difficult to pay your mortgage, you may have a number of options still available to you. You can apply for a repayment plan, a forbearance agreement, or a loan modification. Typically, all you need to successfully use one of these options is a foreclosure defense lawyer who can negotiate on your behalf. Often, though, other companies known as loan modification companies will send you material in an attempt to get you to contact them.

The communications loan modification companies send typically look fairly official. They try to make their mailings look as though they came from a government official, or they guarantee they can stop your foreclosure. Truthfully, no one can tell you if they can stop the foreclosure without fully looking at the facts of your case.

These companies are simply trying to get you to call them so they can persuade you to pay them instead of your mortgage lender or servicer. Once they have your money, they then forget about your case and move on to the next person they can scam. Even if they continue working with the homeowner, they will charge exorbitant fees for a service you could have done with little or no assistance, such as contacting your servicer.

Forensic Loan Audits

The forensic loan audit scheme involves an auditor that will review your mortgage paperwork to determine if the lender violated the law. Although it is true that legal violations can help save your home from foreclosure, these types of audits do not usually turn up too many errors. These companies typically use a compliance software program that does not have the capacity to perform an in-depth review of your case necessary to spot violations.

The loan auditor may also tell you they will use the results of your audit to force the servicer into offering a modification, which just is not true. Of course, for this supposed service they will charge you high fees for which you will get very little value. To have any effect after finding a mistake, you would have to answer a foreclosure lawsuit or file your own lawsuit, for which you need an attorney.

Securitization Audits

Banks often use securitization methods, which involve bundling mortgage loans with similar characteristics and selling them to another company. A securitization audit then, will determine if your mortgage loan was one that was sold and if so, whether the process was done correctly.

A securitization audit can reveal certain information, but the problem with paying someone to do this for you is that the information is usually publicly available and you do not have to pay a fee for it. The auditor will not be able to give you any sound legal advice, and they may not even point out certain violations that could serve as a foreclosure defense.

The Florida Foreclosure Rescue Fraud Prevention Act

While foreclosure rescue schemes seem innocuous enough, they defraud homeowners who are already in financial trouble out of a tremendous amount of money. For this reason, several states have enacted legislation that prohibits people and companies from taking this type of predatory action, and Florida is no exception. In Florida, homeowners are protected by the Foreclosure Rescue Fraud Prevention Act.

Under this act, anyone that offers services claiming to help save residential properties from foreclosure must operate under tight restrictions. Sadly, of course, there are always bad actors and not everyone abides by the law.

How to Avoid a Foreclosure Rescue Scam

Once you understand the types of foreclosure rescue scams companies and individuals engage in, you can then take certain steps to avoid becoming a victim of one.

The most important steps to take are as follows:

• Do not pay upfront. Modification companies are much more interested in receiving your money than they are helping you, so they will typically charge a high upfront fee. Federal law prohibits this, and it is a red flag if any company asks for one.
• Always pay your servicer. Always make sure any payments you make towards your mortgage go to your servicer or lender. Never pay a modification company with the hope that they will fulfill their promise of transferring it to your servicer.
• Do not ignore your servicer. Modification companies may encourage you to stop all communication with your servicer, but doing so is a mistake. If you are facing foreclosure, you should actually be dealing with your servicer more, not less.

Call Our Foreclosure Defense Lawyers in Broward County First

It is true that you need help when faced with the idea of losing your home, but a modification company will not provide it. At Loan Lawyers, our Broward County foreclosure defense lawyers can provide the sound legal advice you need and help you avoid foreclosure altogether. Call us today at 954-807-1361 or fill out our online form to schedule a free consultation so we can advise on your case.

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Four Things to Beware of When Getting a New Credit Card in South Florida

It is no surprise that the pandemic has caused millions of people across the country financial hardship. A recent study conducted by WalletHub showed Americans paid approximately $82.9 billion in credit card debt just last year alone. While the news is good, as it shows that many people are paying down their credit card debt, that does not seem to be the case in South Florida.

The Stats

According to the Federal Reserve, credit card debt was $108 billion lower at the end of 2020 than it was in 2019. While that may have been the case across the country, it was not in South Florida. The stats for this area of the country are alarming. The average Miami household held approximately $13,701 in credit card debt and lowered their balances by just $16. In Fort Lauderdale, credit card debt in the average household increased by more than $600, and in Pembroke Pines, that number skyrocketed to $930.

This part of the state has some of the highest debt, and many borrowers went into the pandemic without a credit card at all. Now, at a time when many are unemployed and struggling just to keep their homes, they have additional debt on top of it all. Not all credit card debt comes from just borrowing the money initially. A lot of credit card debt comes from the high fees and interest rates credit card companies charge. If you are considering getting a credit card to help offset some of the pandemic’s financial burden, below are four things to watch out for.

1. Introductory Interest Rates

Credit card companies often offer an introductory interest rate to entice borrowers into choosing their cards over others’ offers. However, too many people do not look past the low rate long enough to realize it is only an introductory offer; that offer could last anywhere from three months to one year. Balance transfer cards that offer a zero percent annual percentage rate (APR) are notorious for this.

Introductory interest rates are good deals, but it is key to know that they do not last forever. Always read the fine print to find the rate that will take effect once the introductory rate period ends. It is sometimes difficult to find this rate, and credit card companies do that intentionally, hoping the initial rate is enough to get you to use their card.

2. Balance Transfer Fees

Speaking of cards that offer zero percent balance transfers, you should also watch out for any fees associated with the actual transfer. While the credit card company may not charge you interest, they may try to get around this by charging you a fee that offsets their cost. Often, these fees can be as much as three percent of the amount you are transferring, which may be a hefty amount if you are already trying to get out of debt by using the card.

If you do not use the card for any new purchases, and the rates will not adjust before you can pay off the balance of the card, this may not be an issue. You still, however, should pay attention to the fee being charged.

3. Rate Increases and Late Fees

You may think it is important to pay your monthly payment on time every month to help maintain your credit score with the major bureaus, such as TransUnion. However, it is just as important to make those timely payments every month so you do not incur any late fees. Credit cards do not only charge interest rates, but they may also charge you a late fee that is as much as $40 to $50 in addition to your balance and interest.

Additionally, if you are late making a payment, the credit card company may increase your interest rate. Sometimes, they raise it dramatically and may put it at 30 percent. This will impose an even bigger financial burden on you, and can make it more difficult to obtain loans and credit in the future if you cannot pay it.

Sometimes, an interest rate increase may happen that you have no control over. For example, activity in the lending markets may have an impact on interest rates and the credit card company may increase your interest rate without any warning. Still, it is important to contact your credit card company, inquire about the increase, and ask if there is any way you could get a lower rate.

4. Membership Fees

You may have no other option than to obtain a credit card that comes with a yearly membership fee. It is a fairly common practice, particularly with credit card companies that offer credit to people with little or no credit. Credit cards that offer perks, such as travel rewards, are also most likely to come with a membership fee to help the creditor cover their costs. Annual membership fees can be as much as $100 or more, and might come at a time when you do not expect it, putting you far over your credit limit. Always check to determine if a card you are considering has an annual fee, and whether or not you can afford it.

Our Debt Defense Lawyers in South Florida Can Help with Your Case

Debt from credit card balances, late fees, and high interest can quickly lead to a lawsuit, and debt collection companies will not care what part of your debt they are trying to collect before taking legal action. If a lawsuit has been filed against you, our South Florida debt defense attorneys at Loan Lawyers can help with your case.

Our skilled attorneys know the defenses that work in these lawsuits and will use them to protect you from wage garnishment and other consequences that can result from a lawsuit. Call us today at 954-807-1361 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.

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