Some borrowers run into trouble with their mortgage companies that is not of their own doing. One thing the mortgage servicer likes to say is that it isn’t their problem, the prior servicer handled that – and the borrower is still in default or owes some fee. However, the subsequent…
Supposed a foreclosure lawsuit is filed against you. You file an Answer. The plaintiff files a motion for summary judgment quickly. New civil procedure rules require a homeowner to file his or her defense 20 days before a hearing. Most people are unware of that rule and lose. Even if…
While it took longer than I and many other consumer advocates thought, the house of cards is starting to slip finally. Many mortgage companies did not fully disclose exactly what would be required once the CARES Act expired and mortgage payments would resume. I’m sure many homeowners have claims out…
If you have significant debt but have been told that you cannot file a Chapter 13 consumer bankruptcy, now you can file bankruptcy and not risk dismissal by the U.S. Trustees office. This change occurred because the Bankruptcy Threshold Adjustment and Technical Corrections Act was signed into law yesterday. Prior…
A mortgage servicer called a “furnisher” for purposes of credit reporting is responsible for updates to a borrower’s credit report. Many times following a foreclosure, there is a limited time for the lender to seek a deficiency judgment. Here is Florida it is one year. If a year goes by,…
The CFPB stated today “[w]e are at really an unusual point in history. I don’t think anybody has ever before seen this many mortgages in forbearance at one time that are expected to exit forbearance all at one time.” No kidding. This may be the calm before the storm type…
Today, President Joe Biden is extending a moratorium on home foreclosures for federally backed mortgages until June 30, after previously setting the expiration date at the end of March. Biden also announced the expansion of a mortgage relief program, pushing the window to request mortgage forbearance until the end of…
Some creditors and loan servicers are jumping the gun in pursuing foreclosures, HOA liens, COA liens. The federal government is also taking the position that it’s okay to pursue cases already in litigation. We had to file a motion to abate arguing that the moratorium preventing involuntary collection activity includes…
Webinar: Why you should care about the CARES Act May 20, 2020 at Noon The Tampa Bay Bankruptcy Bar Association will be hosting a FREE Webinar via Zoom on May 20, 2020 from 12:00 to 1:30pm. Why you should care about the CARES Act and its impact on Student…
One of our clients had a sale date on March 25, 2020 that was moved to May 20, 2020. While our clients had already moved out, they are very appreciative of the additional time to safely remove their belongings. There is a lot more relief to come! This benefits the…