I’m Thinking About Buying a Property at an Association Foreclosure Sale, is it a Good Idea?

When homeowners fall behind on Association monthly assessments they can end up in a position where they become Defendants in a foreclosure lawsuit filed by their Association. Associations will try to force the sale of the property to recover the amounts accrued in arrears. If successful in doing so, the property will be auctioned by the clerk of Court in the county where the property is located at an electronic sale which is open to the public. If you happen to come across a property that seems appealing, do your research. The doctrine of caveat emptor which is usually translated to “buyer beware” applies to potential buyers interested in purchasing these types of properties.

Properties that are up on these websites for foreclosure auction often have other liens attached apart from the Association foreclosure lien. A lien is a charge or encumbrance imposed upon specific property, for payment of some debt or obligation incurred, that gives a creditor the right to take action on its interest in the property. When you purchase a property at a foreclosure sale, you take title to the property subject to any liens on the property. There is no guarantee that you will take title to the property free and clear. This can become a major issue for purchasers if the property is subject to a mortgage that is in default and wrapped up in a mortgage foreclosure action. Purchasers of properties at foreclosure sales do not have a right to intervene in ongoing mortgage foreclosure actions and even if they purchase the property prior to the commencement of the mortgage foreclosure action, they are limited in the defenses they can raise. “Because they purchase property with constructive if not actual notice of the fact that the property is subject to a foreclosure suit, the law treats purchasers pendente lite—pending litigation—accordingly and holds that they have no right to insert themselves into the pending litigation to which they were not previously a party.” Green Emerald Homes, LLC v. 21st Mortg. Corp., 300 So. 3d 698, 707-08 (Fla. 2d DCA 2019). If you find yourself in a position where you purchased a property at an Association foreclosure sale either before a mortgage foreclosure case has been filed or afterwards, contact us to find out what your options are. We may be able to negotiate with the bank to get the mortgage paid off, have the sale reversed, or participate in the mortgage foreclosure case on your behalf as a purchaser of the property.

Contact an Experienced Fort Lauderdale Foreclosure Defense Attorney Today

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated more than $100 million dollars in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations.  Contact us for a free consultation to see how we may be able to help you.

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Stages of a Chapter 7 Bankruptcy in Florida

If you are struggling financially and considering filing Chapter 7 bankruptcy, you have enough to worry about. While bankruptcy may allow you to discharge a good portion of your debt, or even all of it, the process may seem intimidating for those who have never been through it before. Preparing for the process is helpful, as it will let you know what to expect and ensure you have all the proper paperwork and documentation so there are no delays in your case. Below, our Fort Lauderdale bankruptcy lawyers explain the process so you are ready to move forward with it.

The Pre-Filing Stage

The pre-filing stage largely consists of meeting with your bankruptcy lawyer, making sure you have all your documents in order, and completing some of the mandatory requirements outlined by state and federal law.

The steps in the pre-filing stage are as follows:

• Meeting with your lawyer: You do not have to work with a Fort Lauderdale bankruptcy lawyer when filing, but it is strongly recommended that you do. Most bankruptcy lawyers will provide a free initial consultation. During this consultation, a lawyer will review your bankruptcy and non-bankruptcy options with you to determine if filing Chapter 7 is the best choice for your case. During this consultation, a lawyer will also inform you of the documentation you will need to collect and provide the lawyer with, so they can distribute it to the appropriate parties in your case.
• Credit counseling: The bankruptcy courts do not want borrowers filing bankruptcy just to get into trouble with debt again and perhaps need to restart the process. To avoid this, you must complete a mandatory credit counseling program. You must also take this course using one of the credit counseling agencies approved by the U.S. Trustee’s Office. The program only takes about one hour to complete, and you can complete it whenever it is convenient for you. Once you have completed the program, the provider will send you or your attorney a certificate of completion that you must include in your bankruptcy filing.
• Signing the petition: After you have completed the credit counseling program, you will likely meet with your lawyer once again. During this meeting, you can review the petition, statement of financial affairs, schedules, and creditors’ matrix to ensure they are accurate. If changes are necessary, your lawyer will make them and you then sign the petition and any other important paperwork.

The Post-Filing Stage

Once everything is prepared, your lawyer will file your petition electronically, along with any other important documentation necessary.

A number of important steps will follow this, and they include:

1. An automatic stay: After you file your petition, a bankruptcy judge will issue an automatic stay. This stay prevents your creditors from contacting you to try and collect on the debt, and from taking legal action. Some creditors may be provided relief from the stay but the majority of your creditors and debt collectors will be barred from contacting you. Your lawyer will send you a complete package of the documentation filed so you have copies for your own records.
2. Communicating with the trustee: Once you file your petition, the court will appoint a bankruptcy trustee to your case. The trustee will oversee the process and will essentially act as a middleman between you and the court. Your lawyer will provide the trustee in your case with all the necessary documents you are required to submit to the trustee, according to the amendments made to the Bankruptcy Code in 2005. Any communication between your lawyer and the trustee will also be sent to you.
3. The meeting of the creditors: After you file your petition, a meeting of the creditors is scheduled. During this meeting, the trustee will ask you questions about your financial situation, and the circumstances that led to you filing for bankruptcy. The trustee may also ask you questions about your statement of financial affairs or your schedules. The meeting must be held within 20 to 40 days after filing your petition. Usually, these meetings are held about 30 days after you file the petition. Your lawyer can represent you at this meeting and will inform you beforehand of the date, time, and location of the meeting. Your lawyer will also advise you of the typical questions the trustee may ask.
4. The financial management course: After your first meeting with the creditors, you must complete the pre-discharge financial management course. It is advised that this course is completed as soon as possible after the first meeting of the creditors. You can use the same credit counseling agency you used for your pre-bankruptcy credit counseling program. Once you have completed the financial management course, the agency will send your lawyer a certificate of completion that must be filed in your bankruptcy case.
5. The discharge: The purpose of a Chapter 7 bankruptcy is to discharge your debt, which means to legally eliminate them. Certain types of debt may not be able to be discharged, but you can likely discharge the majority of your debt. You should receive a discharge approximately 60 days after the first meeting of the creditors. There is an exception in some cases, such as if a creditor or the bankruptcy trustee objects to the discharge. However, this is not common.

Our Bankruptcy Lawyer in Fort Lauderdale Can Help You Through the Process

Filing for bankruptcy can bring you the relief you desperately need when you are struggling financially, but the process is not easy. At Loan Lawyers, our Fort Lauderdale bankruptcy attorneys can help you prepare for the process and fully explain every step along the way. We have helped thousands of consumers with their debt problems, and we want to put our experience to work for you, too. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help with your case.

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Loan Lawyers saved clients over $380,000 in credit card debt in November 2021

Although our final numbers for November are not yet in, Loan Lawyers is pleased to announce that we saved our clients at least $381,199.80 in consumer debt in the month of November 2021.  All of this was done without the need to file bankruptcy for these clients. If you have been sued over any old credit card debt, defaulted persona loan, defaulted student loans, automobile repossession, or any other type of debt, we would love the opportunity to speak with you and tell you what we think we can accomplish.  We have helped thousands of Floridians eliminate debt and get peace of mind.

One of the greatest aspects of our firm is that we have many ways in which we may be able to help you.  We are a litigation and trial law firm, and the debt collectors know that.  Having us on your team allows us to leverage our reputation to accomplish your goals.   While bankruptcy can be a great option for someone to get out of debt, we always try to avoid filing bankruptcy if we can.  However, if bankruptcy is really the best way to help someone, we offer bankruptcy representation as well.

If you consult with a law firm that does nothing but bankruptcy, that is what they are going to push you to do.  It may not be the wrong path, but it is often not the best path.  When you consult with Loan Lawyers, we will help you explore all possible options, and if we can help you eliminate your debt without bankruptcy, then that is what we are going to work on for you.

If you are being sued for any type of debt, call Loan lawyers now for your 100% free consultation.  Let us help you eliminate debt and restore peace of mind.

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What To Know About Answering a Debt Collection Summons

Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer that can assist you in your home state. Thank you.

Being sued for debt is a terrible thing. If you have received a summons over a debt you are carrying, you are likely fearing the worst. You may wonder if you have to go to court or if you will be forced to pay the debt, and you will naturally have general concerns about your financial future. These concerns are valid, as many people that receive a summons have never been sued before.

However, before you go much further, you will first need to answer the summons. Many people do not know how to do this, either. When working with a Fort Lauderdale debt defense lawyer, they will ensure you answer the summons appropriately and give you the best chance of a positive outcome with your lawsuit.

Deadline for Filing an Answer to a Summons

It is important to know that there is a deadline for answering a lawsuit, and it is fairly strict. In Fort Lauderdale, as throughout the rest of Florida, you have only 20 days to file your answer to a debt collection summons. The 20 days begins the day after you are served with the summons and complaint and weekends are included within that time.

It is critical that you answer the summons within this time. If you do not, the debt collector will likely pursue a default judgment against you, and they will likely be successful with it. A default judgment means the debt collector automatically wins the case, and you automatically lose. Even if you have a valid defense in your case, if you do not answer the summons within the appropriate amount of time, you will lose. Always speak to a Fort Lauderdale debt defense lawyer any time you receive a summons so they can guide you through the important steps to take.

Address Every Issue Within the Complaint

Along with the summons, you will also receive a complaint. The complaint will outline all of the debt collector’s allegations against you, and it is important that you answer all of them. You can choose one of three responses within your answer. These are that you agree, you disagree, or you do not know. If you choose to disagree, you have an opportunity within your answer to explain why you are not in agreement.

It is generally recommended that you work with a debt collection lawyer when submitting your response. A lawyer will know how to properly respond, and whether you should agree, disagree, or state that you do not know. Many debt attorneys will advise you to make a general denial. This means you deny everything contained within the complaint, forcing the debt collector to prove all of their allegations.

Assert Affirmative Defenses

There are many affirmative defenses you can assert within your response. When you do this, you are essentially stating why the debt collector has no case. A lawyer can advise on which affirmative defenses are applicable in your case.

However, the ones most commonly used in debt collection cases are as follows:

You do not owe the debt: Debt collectors do not always keep meticulous paperwork. Accounts change hands a number of times when debt collectors purchase them from the original creditor, and then other debt collectors often purchase accounts from each other. Over time, important paperwork that proves you owe the debt becomes lost. When the collector cannot prove that you owe the debt, it can serve as a defense in your case.

The debt collector does not own the debt: Again, because debtor accounts change hands multiple times, debt collectors do not always have the proper paperwork to show that they own the debt. When this is the case, they cannot prove that they have standing, or the right to sue you. This is also a common defense used in debt collection lawsuits.

The statute of limitations has expired: Debt collectors only have a limited amount of time to sue you. This time is known as the statute of limitations and in Florida, it is five years from the last date of default. If the statute of limitations expires, you still owe the debt, but the debt collector or creditor cannot take legal action against you.

The debt has been paid, excused, or discharged: You may have a statement or receipts showing that the debt has been paid. Or, you may have previously reached a settlement with the debt collector. In other instances, debt is sometimes discharged in bankruptcy. Whatever the case, if you no longer owe the debt and have evidence to prove it, that is a very strong defense.

While there are many common defenses available in debt collection lawsuits, it is important to note an inability to pay is not usually a defense.

Filing and Serving Your Answer

Once you have prepared your answer, you just have to file it with the court and provide the debt collector with a copy. The addresses for both the court and the plaintiff should appear in the summons and complaint you received.

How to Answer a Notice Before a Lawsuit

Many times, people receive a notice before they are sued. In this case, you should still respond by sending the collector a debt validation letter. This letter is essentially asking the debt collector to validate the debt by proving it is yours and that they own it. You can send this letter any time after a debt collector contacts you, whether it is by phone or by mail. Until the collector has provided you with the proper validation, they can no longer contact you about the debt.

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

It is nerve-racking to receive notice of a lawsuit filed against you, and creating an answer is not always easy. At Loan Lawyers, our Fort Lauderdale debt defense lawyers can prepare the answer for you and build a strong defense to give you the best chance of a positive outcome. Call us today at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about how we can help.

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Selling my Homestead: Are the Proceeds of the Sale Protected from Creditors?

With the sale prices of single family homes in the South Florida real estate market continuing to climb exponentially, many homeowners are becoming increasingly tempted to ditch the monthly mortgage payments, homeowner’s association dues and dreaded repair bills as they weigh the pros and cons of selling their home. There is an admittedly very strong allure and comfort in being able to see and have easily accessible cash in a bank or investment account (especially in the uncertain age of COVID-19). Ultimately, the decision to sell a home is a personal one, however, for homeowners with outstanding final judgments or debts likely to result in a final judgment against them, there is an added valid concern-How safe are the proceeds of the sale of the homestead?

The main thing to know is that Article X, Section 4 of the Florida Constitution protects a Florida resident’s homestead from forced sale by most creditors and that the Florida Courts have ruled that this legal protection should be liberally construed in favor of Florida homeowners. This homestead protection has been extended to the proceeds from the voluntary sale of a Florida homestead provided certain basis steps are taken with those funds. Specifically, the Florida resident must:

1. Have a good faith intent, before or at the time of the sale, to reinvest the proceeds into another homestead within a reasonable time;
2. Avoid commingling those funds with other monies or proceeds; and,
3. Be kept separate and apart and held solely for the purpose of buying another home.

This protection of the funds extends even in the case where the homeowner files bankruptcy. Of course, there are additional steps that we would recommend that the homeowner take prior to filing the bankruptcy and preferably at the time of the homestead sale. These little steps may go a long way in ensuring that there are no extended or unnecessary delays in the bankruptcy case.  For instance, it is recommended that the funds remain easily traceable. This can be accomplished by having the check from closing deposited directly into a bank account that does not contain any other funds. It is also recommended that you maintain the records from the closing, including but not limited to the final HUD and copy of the check.

If possible, we recommend that the homeowner designate the account as a ‘homestead account’ by including language to that effect in the account creation documents or notes. This account should not be used as a regular checking account. It is best to avoid deposits or withdrawals from this account unless it is for the purchase of the new home.

Loan Lawyers has helped over 7,000 South Florida homeowners and consumers with their debt problems, we have saved over 3,000 homes from foreclosure, eliminated $100 million in mortgage principal and consumer debt, and have recovered over $25 million dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud.  Contact us for a free consultation to see how we may be able to help you.

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Can a Lawyer Negotiate Student Loan Debt?

The cost of obtaining higher education in Florida, and throughout the rest of Florida, has risen to astronomical heights. Students are told from an early age that in order to achieve the “American Dream,” they must obtain a college or university degree and work hard in order to be successful. Still, many post-secondary education institutions oversell the value of this education, while wages for students remain stagnant. It is for this reason that so many students have to take out student loans, which they then have immense difficulty paying back.

Our student loan defense lawyers understand that student loans are the third-largest type of household debt, and that it surpasses the amount Americans owe in credit card debt. It is no wonder millions of people default on their student loan repayment plans every day. Changes to the federal law in 2005 have also made it nearly impossible to discharge student loan debt in bankruptcy, with only the most extreme circumstances being the exception. If not repaid, you may face wage garnishment and other consequences. It is important to allow a debt defense lawyer to negotiate the debt on your behalf.

Negotiating a Payment Plan on Student Loan Debt

Under federal law, the businesses and organizations that disburse federal student loans must offer deferment options to debtors. Deferment options allow borrowers to postpone payments if they can show financial hardship.

Also, some lenders are required to give borrowers the chance to modify repayment plans at least once every year. The majority of student loans must be repaid within ten years, but some can be extended to 25 years in a repayment plan. That could allow borrowers to pay as little as $50 a month. Some repayment plans are also contingent on a person’s gross annual income. With this type of plan, borrowers can pay anywhere between 4 and 25 percent of their income each month.

Certain repayment plans involve step-up payments. In these arrangements, borrowers pay a fixed amount for the first one to three years. After that time, the amount they must repay steadily increases every two years for the remaining life of the loan. If a borrower is never able to earn enough to pay off the loan fully, any principle left over is often forgiven after 25 years.

An option that has been available in recent years is an income-based repayment plan. These plans cap, or limit, the amount a borrower has to pay at ten percent of a student’s discretionary income. This cap applies to loans taken out after July 1, 2014. For students that took out loans prior to that date, the cap is increased to 15 percent of their discretionary income.

This type of plan helps borrowers with modest incomes and high debt to make lower monthly payments. The size of the borrower’s family is also considered. It is important for borrowers to remember that these plans increase the life of the loan, which may mean accruing more in interest during the length of the loan.

Certain organizations also provide loan forgiveness options depending on the profession of the borrower. For example, after a certain number of years of service, the National Health Service Corps. offers some degree of forgiveness on student loans. Similar options are available to those that work in public service or education.

Negotiating a Settlement

Sometimes, it is possible to negotiate a settlement with the lender. By doing this, you can offer to pay all at once, but only repay a portion of the loan. To do this, you must be able to show that you cannot repay the entire loan, while also emphasizing that you do want to pay back as much as possible. For example, you may have received a gift or inheritance from a relative and wish to use it to repay the loan, but it does not cover the full amount. A student loan lender may be willing to offer a settlement for the lower amount in order to recover at least a portion of the student loan.

It is usually advised that borrowers work with a debt defense lawyer in Florida when negotiating a settlement. A lawyer will know what you have to disclose to lenders, and what you should not. Generally speaking, lenders and debt collectors cannot collect from a person’s Social Security or disability benefits. However, in some instances, up to 15 percent may be collected.

A debt defense lawyer can determine if you are eligible for a settlement, and carefully review all the terms of the offer. An attorney will also ensure the offer is properly documented, and that it will relieve you of all remaining student loan debt so there are no surprises in the future.

Discharging Student Loans Through Bankruptcy

Before 1976, it was possible to discharge a student loan through bankruptcy. When changes to the U.S. Bankruptcy Code were made at that time, it became more challenging to do so. After strict reforms were passed in 2005, it became nearly impossible to discharge a student loan through bankruptcy. However, it can be done in some cases.

If you are really struggling financially, you may be able to show the court that repaying your student loans would place an undue hardship on you. The court will consider whether you have made good faith efforts to repay the loan, and if you are living in poverty. The court will also determine whether your current situation will continue and if so, for how long over the life of the loan. Individuals with serious disabilities or who are suffering from a terminal illness are most likely to be granted a discharge of their student loan.

Our Student Loan Defense Lawyers in Fort Lauderdale Can Negotiate Your Debt

If you want to settle your student loan debt, or believe you are eligible to discharge it through bankruptcy, our Fort Lauderdale student loan defense lawyers are here to help. At Loan Lawyers, we know how to provide the strong defense you need to obtain an affordable repayment plan, or we can negotiate a fair settlement while also advising you of your bankruptcy options. Call us today at (954) 523-4357 or contact us online to schedule a free consultation

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Are Calls from Accelerated Inventory Management, LLC a Scam?

It is not uncommon for people to receive phone calls regarding their debt and assume it is a scam. It is natural to make this assumption because so many of them are. However, if you are receiving phone calls from Accelerated Inventory Management, LLC, it is important to understand that the company is not a scam. Accelerated Inventory Management is a legitimate company that may take legal action against you if they have started calling. If you do not take action, it could impact your financial future. A Florida debt defense lawyer can help you protect it.

Who is Accelerated Inventory Management, LLC?

Accelerated Inventory Management is a debt buyer based out of Austin, Texas. The company purchases debt that has been charged off by creditors, such as credit card companies, for pennies on the dollar. Once they have purchased these accounts, they then pursue them and try to collect on it from borrowers. In many cases, this means taking legal action, such as filing a lawsuit against debtors.

While Accelerated Inventory Management, LLC is based in Texas, they purchase thousands of defaulted accounts all over the country. Many of the people they sue are located right here in Florida. In most instances, companies such as Accelerated Inventory Management are hoping that consumers will ignore notice of the lawsuit so they can obtain a default judgment. A default judgment will allow the company to garnish a borrower’s wages or take other legal action. Many times, they are successful with this strategy.

Fortunately, there are defenses available in these lawsuits. A Florida debt defense lawyer can advise on what these are, and how to use them in your case.

Accelerated Inventory Management, LLC May Lack Standing

In order for Accelerated Inventory Management, LLC to file a lawsuit against you, they must show that they have standing. Standing is a legal term that refers to the fact that the company has something to lose, or they have already lost something, and they are suing you to recover it. Borrowers often assume that companies such as Accelerated Inventory Management, LLC have standing to file a lawsuit, but that is not always true.

Although Accelerated Inventory Management, LLC may currently have your account, it likely changed hands many times before they received it. Debt buyers do not only purchase debt from creditors, but from other debt buying companies, as well. As these different companies buy and sell accounts, the paperwork sometimes gets lost and the company trying to pursue the debt cannot prove they actually own it, or that they have standing. This can serve as a defense in many lawsuits Accelerated Inventory Management, LLC files.

You Can Claim Damages if Accelerated Inventory Management, LLC Violates the Law

There are many state and federal laws debt collectors such as Accelerated Inventory Management, LLC must follow when they are trying to recover a debt. One of the main federal laws is the Fair Debt Collection Practices Act (FDCPA) that protects all consumers in the country. The Act includes a long list of what debt collectors cannot do when they are trying to collect on a debt. Some of these actions include not calling you before 8:00 a.m. or after 9:00 p.m., not using threatening language, and not calling you multiple times a day.

There are real consequences debt collectors face if they violate the FDCPA. If Accelerated Inventory Management, LLC has harassed you or otherwise infringed on your rights, you can file a lawsuit against the company. If you are successful with your lawsuit, you can recover $1,000 in statutory damages, as well as your attorney’s fees.

Another major piece of federal legislation that protects borrowers is the Telephone Consumer Protection Act (TCPA). Under this Act, debt collectors are prohibited from using robocalls to contact borrowers. Robocalls are made by computers that automatically dial numbers, again and again, all day long. Sometimes, they even contact the same borrower multiple times a day. Robocalls are fairly easy to identify. When you pick up the phone, you may not receive a response, or it may take a long time for a live person to pick up the phone.

Just as you can file a lawsuit over a violation of the FDCPA, you can also file a lawsuit against any company that violates the TCPA. If you are successful with your case, you can recover between $500 and $1,500 for every call Accelerated Inventory Management, LLC made that violated the law.

What to Do if Accelerated Inventory Management, LLC Contacts You

The most important thing you can do if Accelerated Inventory Management, LLC has called you is to contact a lawyer. Many people assume the best action to take is to try and pay the debt, but that is not always true. There is a chance the statute of limitations, or time limit, has run out on your debt. If that is the case, it can serve as a defense in your lawsuit because the company no longer has a legal right to sue you. If you do make a payment, it will restart the clock on the statute of limitations, which will mean they will have a right to sue you.

It is just as crucial that you do not ignore Accelerated Inventory Management. While you should not speak to them without first contacting an attorney, if they are contacting you, they may try to file a lawsuit against you in the near future. If you ignore the lawsuit, things will become even more dire. A debt defense lawyer will communicate with the company on your behalf and advise you of any defenses available in your case.

Call Our Debt Defense Lawyers in Florida Today

At Loan Lawyers, our Florida debt defense attorneys have helped many clients fight back against Accelerated Inventory Management, LLC, and we will put our experience to work for you, too. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to obtain the sound legal advice you need.

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