Most of our debt collection laws in Florida apply only for consumer debt, not business debt. Sometimes the answer is not quite clear as to what type of debt is involved. What if for instance you operate a business and took out a loan, but signed a personal guarantee. Sometimes,…
Both tenants and third party investors should be very happy that a new federal law goes into effect on June 23, 2018, that protects tenants in foreclosure. Basically additional notice is required and the tenants even have the right to remain in the unit for the remainder of the lease. …
Servicemembers’ Protection from Foreclosure The Servicemembers Civil Relief Act, 50 U.S.C. § 3953(c), provides protections from foreclosure for covered personnel where their residential mortgage loans were extended prior to their active duty. Originally this protection extended for only 90 days after the person left military service, but this period was…
There a lots of reasons a debtor needs to file a bankruptcy. However, debtors should be warned that they are likely giving up valuable rights to fight a foreclosure of their home if they do so — unless they reaffirm the mortgage. Over the last few years, many debtors elected…
The automatic stay that normally applies when a debtor files bankruptcy, does not work the same in a second or even third bankruptcy case. This has caught many debtors unaware and may cause the loss of a home. In a 2nd bankruptcy filing, the automatic stay expires after 30 days. …
We received a nice loan mod today with a P&I payment of only $746. For our bartender client that is great news and very affordable! She had even had a loan mod previously but had lost her job and was unable to pay so Wells Fargo filed another foreclosure action…
Sometimes our Florida foreclosure defense clients wait too long to challenge a foreclosure. This is the primary reason why we attorneys always post advice and blog incessantly about not letting a mortgage company get a default judgment or challenging a default if one occurs. However, a client can also wait…
Green Tree to Pay $48 Million in Borrower Restitution and $15 Million Fine for Servicing Failures. See this announcement from the CFPB and the Federal Trade Commission. Locally in Tampa Bay, Florida this is resulting in Greentree seeking continuances for all trials – including one this morning on behalf of…
Many of our Tampa Bay, Florida clients facing foreclosure want to speak with their mortgage company and reach some kind of agreement for a loan mod, deed in lieu, cash for keys or short sale. Many do not. They’ve been there and done that and no longer want to receive…
Our firm doesn’t practice much in South Florida because it’s a little too far from our base in Tampa. But word has gotten around hundreds of miles away that the incumbent Judge Lewis leaves a lot to be desired in a Judge and it is negatively impacting homeowners facing foreclosure.…