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Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog

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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…

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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…

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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…

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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…

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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…

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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…

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Florida Consumers can Revoke Consent to Call a Cell Phone (and there is no exception for private student loan debt collectors, just saying)

Revocation of Consent One of the pressing issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. The TCPA requires prior express consent before a consumer can be contacted on a cell phone using an…

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Dyck-O’Neal – Great case out of the 1st DCA – No SMJ in deficiency lawsuits

In the past year, Floridians have been hit with ten thousand or more deficiency lawsuits by Dyck-O’Neal, a collector hired by Fannie and Freddie to go after unfortunate homeowners. Many defaults have been obtained against homeowners which should not have occurred due to lack of personal and/or subject matter jurisdiction.…

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