Unfortunately, student loan borrowers in default on federal loans are experiencing tax intercepts around this time of year, sometimes for the first time ever. Some tips: 1) if we can cure the default before your taxes are filed and the intercept occurs, we can stop it from ever happening; 2)…
Communications with a homeowner when a debt collector is aware that the homeowner is represented by counsel is a violation of the FDCPA. 15 U.S.C. 1692c(a)(2). This includes any mortgage servicer who has acquired a defaulted mortgage loan. It is also a violation of our Florida Consumer Collection Practices Act…
While not a Florida case, the Fourth Circuit ruled today that the arbitration provision of Western Sky Payday Loans is unenforceable. This may be a sign of expanding consumer protections in the future, although it is very early to tell. Mandatory arbitration clauses force a consumer to give up their…
Last week on January 20, 2016, in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 22835 (Jan. 20, 2016), the Supreme Court issued several important rulings in a TCPA class action. These rulings will help consumers in cases where they are receiving unwanted text messages; being contacted by various…
The FTC guidelines state that credit reports can include debts discharged in bankruptcy so long as they’re reported as discharged with a zero balance. 16 C.F.R. 600 app. § 607(b)(6). See also Schueller 559 Fed.Appx. at 737; Horsch, 2015 U.S. Dist. LEXIS 37476, 2015 WL 1344836, at *10. The only…
We are still doing loan mods for our clients – three alone this week – one in a Chapter 13 bankruptcy and two outside of bankruptcy. One has the docs to sign, another was presented with options including a principal reduction, and the other should be finished with underwriting and…
Bankruptcy is supposed to provide a fresh start. A reprieve from debt collector letters, calls, statements, threatening legal correspondence etc. A do over. Many mortgage servicers have believed they were exempt from this – after all they are merely servicing and protecting a mortgage lien they argue. They’ve argued that…
We’ve had some of Tampa Bay Florida clients ask us what the forgiveness act means to them and if it applies to them and I thought the following summary may help others as well: This legislation that was just signed into law and good through the end of 2016 now…
With the Education Department’s new regulation last month on its Revised Pay As You Earn Plan, or REPAYE, all Direct Loan borrowers can access an income-based repayment plan that caps payments at 10 percent of their income, according to Undersecretary Ted Mitchell. “This is a quilt – that had one…
Did you ever wonder why certain items appear on your credit report? The answer lies in a federal statute, 15 U.S.C. 1681c. A consumer reporting agency may not make a report that includes the following items. I’ve bolded some of the more pertinent items that affect our Tampa Bay area…