The Southern District of Florida just ruled on a Motion to Dismiss on October 13, 2015 in a TCPA case that more is necessary to properly allege a TCPA case. The Court stated: the Plaintiff cannot plead, in blanket terms, that she is entitled to statutory damages for each and…
Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog
CFPB’s larger oversight role over student loans is needed – see report issued today!
New signs of trouble for student loan borrowers BY SETH FROTMAN Earlier this year, we asked you to share your stories about student debt stress. More than 30,000 of you responded, telling us that student loan servicers (the companies that send you a bill each month) can make it harder to manage your…
Rebuilding Your Credit to Quality for a Mortgage? – We can help!
Do you want to buy a house now but your finances aren’t quite there yet? Underwriting requirements are some of the strictest we’ve ever seen even for those with good credit. Don’t give up! We have put together information on a variety of private lenders who will finance a home…
Student Loan Nightmares at For-Profit Schools: Have Accreditation Agencies Dropped the Ball?
In our Florida student loan law practice, we see everyday the nightmarish situations our former students have gotten themselves into. One this week has me researching the differences between national versus regional accreditation. I’ve been a lawyer for 20 plus years and I hadn’t even known what this meant. My…
Cannot Use Bankruptcy Court to Collaterally Attack State Court Foreclosure Judgment
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…
Loss Mitigation and Pending Loan Modification Requests Triggers Homeowners Rights
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…
Receiving Unwanted Calls on Your Cell Phone: You Can Revoke Your Consent to Call and Stop Those Calls (or sue for up to $1,500 PER call if the calls don’t stop)
In Florida, the right to revoke calls to a consumer’s cell phone is alive and well. Debt collectors who continue to call these cell phones after being told not to are exposing their companies to damages of up to $1,500 per call. That adds up quick. So don’t just ignore…
LAST CALL: BP Filing Deadline June 8
The absolute deadline for filing BP oil spill claims is June 8. Now that we see BP paying on these claims again, we don’t want anyone to miss this deadline. Remember the trickle down effect applies to most businesses in the affected counties. We help those located around Tampa Bay.…
Tax Intercepts, Wage Garnishment, Payroll Loan Deductions: How Can a Debtor Afford to File Bankruptcy?
Bankruptcy filings are down substantially in 2014 to only 910,090 which is the lowest number since 2007. Yet at the same time, people are still losing their homes especially in Florida, wages are flat or down and the cost of living continues to rise other than gas which isn’t too…
Top debt collection violations are harassing phone calls per $8 million fine by CFPB
The Consumer Financial Protection Bureau (CFPB) recently fined DriveTime Automotive Group, Inc. $8 million for harming customers for making harassing debt collection calls and providing inaccurate credit information to credit reporting agencies. Such a large fine underscores the importance of the consumer protection laws such as the FDCPA, the FCCPA…