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…
Someone asked us recently: where does someone start to make sense of it all – when mounting student loans are crushing them and they don’t know what to do. That’s exactly where our clients stand, there is so much information out there, some accurate, some not so much, and it’s…
Desperate mother, teacher, bus driver and student loan captive for life. This is the actual signature line of a client who we are helping with her federal student loans. The short version of her story: she paid 10 years of consecutive and timely payments only to be told that she…
How much is too much? Unfortunately, the Fair Debt Collection Practices Act and its Florida counterpart do not specify a particular number of calls per day that a creditor can make when trying to collect a debt. An older Florida case is somewhat illustrative in finding the answer. In Story…
The New York Times today in an article titled “Education Department Unwinds Unit Investigating Fraud at For-Profits” shows a department charged with investigations of schools such as DeVry, Corinthian, Everest, ITT, IADT etc., has only three employees now that it has all but been shut down. In addition, the unit’s…
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…
Would you know what to do if the Social Security Administration mailed you a letter stating that you have been overpaid and that you owe the government tens of thousands of dollars? No problem, this oversight can be eliminated in a bankruptcy filing. My colleague, attorney Jonathan Ginsberg in Atlanta, Georgia…
We have rented out our second conference room as an office and need to sell the furniture by April 1 if possible. There is an antique oak round table, with two leaves to extend its size, an antique oak bureau and four small chairs. Two single file cabinets free to…