How to Deal With an Aggressive Debt Collector

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Are debt collectors harassing you? Are they calling or texting you at all hours? Are they using threatening language? Aggressive debt collectors use a variety of tactics to get people to make payments on their debt. They are often persistent and resort to bullying or threatening you. Don’t be intimidated by this behavior. Know that you have rights as a consumer and that an experienced attorney could help.

If you are facing illegal harassment from rude debt collectors, Loan Lawyers could help you stop this unwanted and possibly illegal behavior. Contact us for more advice on how to deal with rude debt collectors.

Tips on How to Deal with Aggressive Debt Collectors

Responding to debt collectors can feel overwhelming, so here are some tips to help:

1. Know your rights – The Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act protect consumers from unauthorized communication from debt collectors. These laws specify how debt collectors may obtain your information, how they can contact you, and when they can contact you. False and misleading representations, harassment, and other unfair practices are prohibited.
2. Keep records – Make detailed notes about any calls you receive and what you discuss. You should also keep your financial records organized. You can dispute the debt if their requests do not match your records.
3. Don’t make a payment – Making a small payment of $5 or $10 may seem like a good idea. However, it could restart the statute of limitations. This could lead to a lawsuit or wage garnishment. Don’t make promises such as “I can start paying next month” for the same reasons.
4. Request that they stop calling – You can send a letter to the collection agency requesting they stop calling. You can also block their number on your phone.
5. Stay calm – If your case goes to court, you don’t want evidence that you became angry or used vulgar language when dealing with the collection agency. You may also unintentionally share damaging information if you’re mad or upset.
6. Consult with an attorney – Once you hire an attorney, the FDCPA requires that the debt collector speak directly with your lawyer. This can end unwanted calls, and you won’t need to worry about accidentally sharing information that could jeopardize your case.

You may also report abusive debt collectors to the Federal Trade Commission and the Consumer Financial Protection Bureau.

Common Actions Performed by Aggressive Debt Collectors

Signs you are speaking with an aggressive debt collector include:

• Speaks disrespectfully, including using vulgar language
• Communicates in an aggressive or angry tone
• Displays a lack of sensitivity for your finances or personal concerns
• Uses threats or scare tactics

Many of these and other related behaviors are prohibited by law.

Talk to Our Skilled Debt Collector Harassment Attorneys in Fort Lauderdale, FL Today

Living under a cloud of debt can leave you feeling frustrated and hopeless. Aggressive debt collectors only add to that stress.

At Loan Lawyers, we have helped over 7,000 Florida clients get out of debt. We’ve also recovered over $25 million on behalf of our clients as compensation for negligence or fraud by debt collectors, credit card companies, and banks. We are here to protect you from their abuse. Contact us today for a free consultation.

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Claiming Surplus Funds After a Florida Foreclosure

Going through a foreclosure is devastating. Throughout the process, you have had a lot to think about. Afterwards, you likely just want to put it all behind you and start moving forward. However, there may be surplus funds you are not aware of. After a home has gone through the foreclosure process, there are often funds remaining and sometimes, these are taken by the lender as profit.

While surplus funds are essentially profits from the sale, they should not be taken by anyone other than the homeowner who was vacated from the premises. Unfortunately, many homeowners do not even know that these funds exist. If you have been through a foreclosure, you may not know that there are surplus funds you can claim. Your lender may not have notified you about these funds, and if that is the case, you may be able to take legal action against the lender. Below, our Florida foreclosure lawyer explains more.

What are Surplus Funds?

After a foreclosure sale or deed in lieu, there is sometimes additional money remaining. This additional money is called surplus funds. In most cases, the amount is shown on the certificate of disbursement. The additional funds can be a result of insurance, taxes, operating expenses, and other fees. When surplus funds do remain after foreclosure, the lender has essentially made a profit from selling your home.

Surplus funds are also sometimes present when a homeowner has equity in the home at the time of the foreclosure sale. In these cases, homeowners may receive a letter from a trustee stating that there are surplus funds. When the foreclosure is complete, the homeowner can then claim the surplus funds. The majority of people who go through the foreclosure process are unaware that there are surplus funds, or that they have a right to claim them.

Foreclosures are complicated processes for those going through them, and they are also very stressful experiences. You may be feeling confused and uncertain about what the future holds. You may also be worried about taking the right steps to complete the process. Not only that, but you may not realize or remember that you have equity in the home. If you do not have the right advisors on your side, such as a Fort Lauderdale foreclosure defense lawyer, you could miss out on funds that are owed to you.

The foreclosure process is a long one, but after your home has been sold at a foreclosure auction, the lender should notify you if there are surplus funds you can claim. The surplus funds are essentially the difference between the outstanding balance on the mortgage loan and the sale price. Due to the fact that foreclosure sales are auctions, the prices for homes can vary greatly. The equity a homeowner has put into a home is not affected by the final selling price of the home, as it is static.

Who Can Claim Surplus Funds?

Surplus funds are typically given to the most recent homeowner. As such, you should receive them after the foreclosure sale. However, other parties may come forward and try to claim the surplus funds. For example, if there is a second mortgage on the property, the lender of that loan may claim the funds to help pay off the debt the borrower owes to them. In this case, you will receive surplus funds only if there is additional money left after the second mortgage lender has made their claim.

How to Claim Surplus Funds After a Foreclosure in Florida

If you believe there are surplus funds after a foreclosure sale on your former home, there are certain steps you can take to claim them. These are as follows:

• Prove ownership: You must first prove that you were the last owner of the home and as such, are entitled to the surplus funds. You can prove ownership by obtaining a copy of the title through a title search if you no longer have a copy.
• Verify the surplus funds: During this phase of the process, you must analyze the foreclosure records and subtract any loans or liens that were on the property. The remaining amount equals the funds you should have received after the foreclosure sale. A Fort Lauderdale foreclosure defense lawyer can assist with gathering the evidence that is required for this part of the process. If you have a Deposit of Surplus Funds letter, this can also serve as evidence to verify the surplus funds.
• Contact the trustee: You need to contact the bank or the lender that has a lien on your home and notify them that there are surplus funds you are owed. You may have to reach out to more than one lender if you had a second or third mortgage on the home.
• Submit your claim: You must submit your claim to the court and to the trustee. The trustee and the court will then examine your claim and determine if you are owed surplus funds. If you do not claim the funds within two to three months, the funds will be kept by the court.
• Hearings and motions: There may need to be court proceedings and hearings before you receive the surplus funds owed to you. Once all the hearings and motions are complete, you can then receive the surplus funds.

Why Working with a Foreclosure Defense Lawyer is Important

If you have surplus funds to claim, do not go through the process without the help of a foreclosure defense lawyer in Fort Lauderdale. There are many companies that claim they will help you obtain the funds you are owed, but they will require you to sign over your rights to the property, and therefore the funds, that are rightfully yours. They also will not provide legal advice. A lawyer will never ask you to sign over your rights but instead, will make sure that they are protected at all times.

Call Our Foreclosure Defense Lawyer in Fort Lauderdale Today

If you have gone through the foreclosure process and believe you may have surplus funds owed to you, do not hesitate to call our Fort Lauderdale foreclosure defense lawyers. Our experienced attorneys at Loan Lawyers can help you navigate the process and will give you the best chance of obtaining the funds you deserve. Call us now at (954) 523-4357 or contact us online to schedule a free consultation.

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Being sued by Credit Corp Solutions or another debt collector for a student loan debt?

Many people believe that since they are in default on student loans, nothing can be done.  However, we are seeing more and more student loan debt being sold to debt buyers such as Credit Corps Solutions. That is music to our ears because whenever a debt buyer is suing someone for student loans, that already gives us really good leverage against them.  Debt buyers rely on people to assume nothing can be done so they can strong-arm them into paying them a ton of money or they simply will get a judgment against the borrower that will sit and earn interest for 20 years or more until it is paid off.  However, informed borrowers know that hiring a lawyer may result in getting the entire student loan debt wiped out without paying a penny.  That is correct, these cases are often very defendable because debt buyers such as Credit Corp Solutions may have a difficult time proving their case in court.

Sued By Credit Corp solutions? Talk to Our Experienced Debt Defense Attorneys in Fort Lauderdale, FL Now

If you are being sued for a student loan debt, the worst thing you can do is ignore it and let them get a judgment against you or try to work out a deal on your own without consulting Loan Lawyers first.  We have eliminated dozens of student loan debts already this year and may be able to get your student loan lawsuit dismissed or resolved in your favor.  Trying to handle a student loan lawsuit on your own will likely cost you a lot of money.  Hiring Loan Lawyers may result in having the entire student loan lawsuit dismissed without you having to pay a penny.

So, if you are being sued by Credit Corp Solutions or any other debt buyer for a defaulted student loan, call Loan Lawyers today for your 100% free consultation with one of our attorneys.  Do not go at it alone, put our experience, track record, and aggressive strategies to work for you!  Call us right now at 1-888-FIGHT-13 or contact us online for your free consultation.

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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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