Debt buyers pay pennies on the dollar for the right to collect delinquent credit card balances and other consumer debt, but they do not often pay the creditor for the back-up documentation. After a lawsuit is filed in Florida, if the consumer’s attorney requests that such documentation be produced, and…
Complaints regarding creditor debt collection agencies, debt buyers, collection attorneys, and many mortgage servicers generate more complaints to the Federal Trade Commission (FTC) that any other industry. In additon to the Fair Debt Collection Practices Act (FDCPA), Florida consumers can take advantage of the Florida Consumer Collection Practices Act (FCCPA).…
Florida’s Middle District which covers Tampa, Orlando, Fort Myers and Jacksonville was second only to the Los Angeles district in bankruptcy filings from October 2009 to September 2010. The Florida Middle District recorded 66,861 bankruptcy filings including all chapters. That translates to approximately one person out of 100 in these…
A January 11, 2011 opinion by the U.S. Supreme Court is expected to drastically increase potential disposable income in Chapter 7 and 13 bankruptcy cases in Tampa, Florida. This may cause someone who previously qualified for a Chapter 7 bankruptcy not to qualify, or to increase the Chapter 13 plan…
Contrary to popular opinion, a bankruptcy debtor does not have to give up his or her vehicle immediately upon filing bankruptcy. First, many debtors choose to keep their vehicles and can do so as long as they continue to make the regular monthly payment and sign a reaffirmation agreement to…
It was reported in the Miami Herald recently that a former employee of a foreclosure mill law firm in Tampa Florida sued this week for overtime violations when she and others were forced to work “off the clock”. Florida Default Law Group allowed for five hours of overtime per week,…
Our neighbors are considering buying a condominium in Tampa that was foreclosed by Wells Fargo (owned by Freddie Mac) and noticed two strange things in the paperwork this weekend. First, Freddie Mac is only offering insurable title not marketable title and they wanted to use their own title agent. Fortunately,…
Retail sales are up 7.9% from December 2009 to December 2010. Although retail sales increased only .6% in December from November and were lower than expected, retail sales are now above the pre-recession peak in November 2007. Initially this appears good right? Bankruptcy rates in Florida and elsewhere should start…
I don’t know about you, but I always have my cell phone with me. While fortunately I do not have debt collectors calling me on my cell phone, a lot of my clients here in the Tampa Bay area are troubled by this every day. Many report receiving several calls…
Two banks couldn’t prove they owned the mortgages in Massachusetts and they lost a pivotal case on January 7, 2011. This was a Supreme Court decision following an appeal by the banks when they lost at trial earlier this year. The banks probably regret their appeal of a limited land…