How Long Can a Collection Agency in Florida Come After You?

If you cannot pay off a debt, it could be sent to a collection agency to try to recover what you owe. While they can contact you to seek repayment for the debt, they are not allowed to harass you or violate your rights.

If you have been contacted by a debt collector in Florida, get in touch with a debt defense attorney from Loan Lawyers. Our legal team can help you understand your rights and file a complaint on your behalf to stop the harassment.

Debt Collection Statute of Limitations in Florida

Debt collection laws in Florida set a five-year statute of limitations in most cases. This gives creditors only five years to file a lawsuit against you to recover a debt you owe. The time set by the statute of limitations begins on the date of your first missed payment. However, the clock can be paused or reset for various reasons, such as making a partial payment on a debt you owe. After the deadline passes, the creditor will not have any legal grounds to sue you.

How Do I Know If the Collection Agency Is Harassing Me?

Debt collectors have been known to harass debtors by:

• Making threats
• Calling too often
• Contacting their family members
• Lying about the amount they owe
• Verbally abusing them
• Contacting them after they have been told to stop
• Attempting to collect on a debt that has already been discharged or was never owed

However, borrowers are legally protected from harassment by debt collectors. Federal and Florida laws defend debtors from unfair treatment and abusive, deceptive, or fraudulent debt recovery tactics. If you believe your rights as a borrower have been violated, contact a debt collection attorney right away to review your legal options.

How to Deal with Debt Collectors Over the Phone

If you are getting harassing calls from collection agencies, remember that you can always hang up or not answer when the debt collector calls until you’re ready. However, keep the following in mind if you do talk to them:

• Gather information about the collection agency to send a cease-and-desist letter. This includes the agency’s name and mailing address.
• Take notes during your conversation. Be sure to note the date of the conversation, the debt collector’s name, the name and address of the agency they work for, the amount they are attempting to collect, and other relevant information.
• If you don’t recall a debt you owe or suspect the debt collector may be acting fraudulently, have them mail information about the debt to your current mailing address.
• Never agree to pay the debt or admit you are liable for repaying it until you are sure you owe the amount the agency says you do. Remember that some collection agencies will try to collect on a debt even after the five-year deadline has passed.
• Don’t provide any personal information, including employment or financial information. They can use this information against you when trying to recover the amount they say you owe.

Contact a Debt Collection Defense Lawyer for Help Today

Have your rights been violated by a debt collector in Florida? If so, contact Loan Lawyers to find out how we can help. Our foreclosure defense, bankruptcy, and debt defense lawyers are committed to finding the best financial solution for our clients. We can advocate for your legal rights to seek the best possible outcome. Call or reach out to us online today for a free consultation.

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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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Can Lenders Foreclose When Payments Are Current?

Florida is often one of the hardest-hit areas in the country for foreclosures and that held true this year, too. During the first three months of 2022, Florida was the eighth-highest state in the country for foreclosures. In total, one out of every 1,211 housing units was foreclosed on in Florida. That is a total of 8,147 units foreclosed on, for a total of 0.08 percent.

Many people understand that when homeowners do not make their mortgage payments, their lender may foreclose on their home. However, many do not understand that a foreclosure can happen even when the mortgage is current and has been paid regularly. Below, our Florida foreclosure defense lawyer explains when foreclosure could occur even when payments are current.

Property Taxes Have Not Been Paid

All municipalities throughout Florida collect property taxes on homes. Taxes are sometimes made as part of the mortgage payment, which is known as escrow. When taxes are not paid through a mortgage payment but are paid separately, the homeowner is responsible for paying the taxes directly to the government. When homeowners do not pay the taxes themselves, the lender may make up the payment. The homeowner is then responsible for paying the property taxes to the lender. If they fail to do that, the bank will likely foreclose on the property.

Outdated Homeowners Insurance

Like property taxes, most mortgage contracts include a clause that requires homeowners to purchase homeowners insurance and to keep it up to date. Any homeowner who does not carry and maintain up-to-date insurance is in violation of their mortgage contract. Any violation of a mortgage contract can result in foreclosure, including violating the homeowner’s insurance clause.

The Property is Not in Good Condition

Many people understand that their mortgage contract requires them to pay property taxes and to maintain up-to-date homeowners insurance. However, some homeowners do not realize that their mortgage contract also requires them to keep the property in good condition. This typically means that the lawn needs to be cut regularly, and that any part of the home that has fallen into disrepair must be corrected as soon as possible. Any time a homeowner fails to keep their premises in a safe and good condition, their lender may foreclose on the home.

Homeowner Association Fees Have Not Been Paid

Over the past several years, homeowners associations (HOAs) have become extremely popular. HOAs are community boards that outline regulations and rules all homeowners must comply with when they live in a specific neighborhood or in a multiple-unit building, such as a condominium. HOAs also maintain shared spaces, such as lobbies, courtyards, and other spaces open to anyone who lives within the HOA.

In exchange for their work, HOAs charge the homeowners they represent fees, also known as dues or assessments. HOA fees are typically paid every month, just like the mortgage. Also just like a mortgage, when HOA fees are not paid, the homeowners association can petition a court and obtain a judgment that allows them to sell the property to recover the debt, even if the mortgage is current.

Mortgage Payments were Made to Incorrect Lender

It may seem like a mistake no one could ever make but sometimes, mortgage payments are not paid to the right lender. Unfortunately, it happens more often than people think. Lenders often bundle mortgages together and then sell them to another lender. Sometimes, homeowners do not even realize that their mortgage has been sold to another lender. As a result, they continue making their mortgage payments to the original lender. The entity that purchased the mortgage may then foreclose on the home because they have not been receiving their mortgage payments.

How to Avoid Foreclosure

Facing foreclosure is not only financially devastating, but it is also emotionally traumatizing. It will also damage your credit score for many years to come, making it a challenge to obtain any credit in the future. The good news is that even if your lender has already started the foreclosure process, there are ways to stop it so you can keep your home.

One of the most popular options for stopping foreclosure is a loan modification. A loan modification can change any part of the loan, including the interest rate, the duration of the loan, and more. To obtain a loan modification, you have to ask for one from your lender. There is no guarantee that any lender will approve a loan modification, but they are more common than people think.

Payment suspensions and repayment plans are other options for avoiding foreclosure. A payment suspension allows you to stop making payments for some time, which is a good option when people suddenly become unemployed or there is another situation that prevents them from making regular mortgage payments. A repayment plan will temporarily increase the number of your payments so that you can get caught up on your mortgage little by little.

For any of the above options to work, you must stay in contact with your lender. Even if you do not think those options will work for you, it is still critical that you do not ignore your lender. Simply staying in communication with them and keeping them updated about your situation can go a long way when you are trying to avoid foreclosure.

Call Our Foreclosure Defense Lawyers in Florida to Discuss Your Legal Options

If you have missed several mortgage payments, or your lender has notified you that they are starting the foreclosure process, it is important to remember that you do have options. At Loan Lawyers, our Florida foreclosure defense attorneys have helped thousands of people stay in their homes and we can put our experience to work for you, too. Our seasoned attorneys are skilled negotiators and can work with your lender on your behalf so you have the best chance of a favorable outcome. Call us now at (954) 523-4357 or contact us online to schedule a free consultation.

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