Your Rights vs. Debt Collectors

Written by lisaspitzer on . Posted in Debt Relief Blog

Debt Collectors , Know Your Rights- A Resource Guide Courtesy of Debt Relief Attorney Network

Debt collectors do a lot of things when trying to recoup money owed: They call you relentlessly, send you all sorts of strongly-worded letters, and even threaten you with lawsuits. But are these threats for real, or are they just empty words? Can creditors really sue you?

Credit card debt has many possible repercussions including costly interest, credit score damage and yes, even a lawsuit. However, what many people do not know and what debt collectors might not tell you is that debt has a statute of limitations, meaning that it is only relevant under the law for a certain period of time. Before the statute of limitations runs out, collectors can successfully sue you for amounts owed. However, once it expires, your debt becomes “time-barred.” This means that debt collectors can still initiate a suit against you, but as long as you make it clear that your debt is older than the statute of limitations, the court will dismiss the suit.

The statute of limitations for debt varies widely by state and ranges from three to 15 years. The clock starts ticking at the time of last payment and resets each time you make a payment. Thus, in making a payment, you effectively re-age your debt. Additionally, signing a document in which you promise to pay the debt or waive the right to stop a collector from suing might also re-age your debt.

On the other hand, it’s important to note that making a payment in no way affects the amount of time negative information about debt stays on your credit report. Defaulting on your credit card debt will stay on your credit report for seven years from the time of first delinquency, no matter what you do in the meantime. This amount of time is completely independent of the statute of limitations.

Still, while you might think it’s wise to pay a small amount in order to get collectors off your back that might not be the case. If you can manage to agree to an affordable payment plan or reach a settlement with your collector, do so, because the sooner you can change the status of your debt to “paid” or “settled” from “not paid,” the less detrimental debt will be to your credit score. However, if these things are unattainable, don’t make the mistake of paying a small amount in good faith. This will only re-age the debt and increase your vulnerability to lawsuit

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Debt Relief Lawyers Ready to help you

Written by lisaspitzer on . Posted in Florida-Debt-Relief-Updates

Debt Relief Lawyers  ready to help you help you : 1 800 733-5342

 

If you are a consumer or business facing foreclosure,Irs problems, lawsuits, liens, repossession or wage garnishment,  Debt relief Attorney Network lawyers of Florida  can help find the best option to help eliminate debt immediately. An experienced Florida or Georgia debt relief lawyer, can provide you with the answers you need to navigate through actions such as filing for Chapter 7 and Chapter 13 bankruptcy, debt consolidation, credit card debt relief and foreclosure defense, loan modification or other debt  relief proceedings.Ou Florida debt Relief lawyers are ready to help you.

Debt Relief Attorney Network If you have debt and need help in…

Debt Relief Attorney Network has Florida  Attorneys ready to help you in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Debt Relief Attorney Network,Florida Lawyers are ready to help you in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

 

 

Loan Modification Help, Loan Modification lawyer

Written by lisaspitzer on . Posted in Florida-Debt-Relief-Updates

UD office Loan Modification, Mortgage Modification frequently asked questions

A Resource Guide Provided by Loan Modification Lawyer Network of Florida

A Loan Modification is a permanent change in one or more of the terms of a Mortgagor's loan, allows the loan to be reinstated, and results in a payment the Mortgagor can afford.

Question 1: In utilizing the Loan Modification option to bring an asset current, can the Mortgagee include all fees and corporate

advances??

Answer: Mortgagee Letter 2008-21 states in part: Legal fees and related foreclosure costs for work actually completed and applicable to the current default episode may be capitalized into the modified principal balance.

Question 2:May a Mortgagee perform an interior inspection of the property if they have concerns about property condition?

Answer: Yes, per Mortgagee Letter 2000-05, page 20, the Mortgagee may conduct any review it deems necessary to verify that the property has no physical conditions which adversely impact the Mortgagor's continued ability to support the modified mortgage payment.

Question 3: Can a Mortgagee include late charges in the Loan Modification?

Answer: Mortgagee Letter 2008-21 states that the goal in providing the Mortgagor a Loan Modification is to bring the delinquent mortgage current and give the Mortgagor a new start, the Mortgagee should waive all accrued late fees.

Question 4: When utilizing a Loan Modification option, can a Mortgagee capitalize an escrow advance for Homeowner's Association fees?

Answer: HUD Handbook 4330.1 REV-5 (Paragraph 2-1, Section B, Escrow Obligations) states: Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the FHA-insured mortgage.

Question 5: Is there a new basis interest rate which Mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2009-35 states that the Mortgagee shall reduce the Loan Modification note rate to the current Market Rate. Please refer to Mortgagee Letter 2009-35 for more details.

Question 6: Are Mortgagees required to re-amortize the total amount due over 360 month period?

Answer: Yes, per Mortgagee Letter 2009-35, the Mortgagee must re-amortize the total unpaid amount due over a 360 month period from the due date of the first installment required under the modified mortgage.

Question 7: What date is utilized when determining the correct interest rate for a Loan Modification?

Answer: The date the Mortgagee approves the Loan Modification (all verification completed and servicing notes documented, reported to SFDMS) is the date that Mortgagees are to use in determining the interest rate.

Question 8: Will HUD subordinate a Partial Claim, should a Mortgagor subsequently default and qualify for a Loan Modification?

Answer: If a Mortgagor subsequently defaults and qualifies for a Loan Modification, HUD will subordinate the Partial Claim.

Question 9: Are Mortgagees required to perform an escrow analysis when completing a Loan Modification?

Answer: Yes, Mortgagees are to perform a retroactive escrow analysis at the time the Loan Modification to ensure that the delinquent payments being capitalized reflect the actual escrow requirements required for those months capitalized.

Question 10: Can a Mortgagee qualify an asset for the Loan Modification option when the Mortgagor is unemployed, the spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the Mortgagee should conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the Mortgagee should then consult with their legal counsel to determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.

Debt Relief Attorney Network has Florida  mortgage modificationAttorneys ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Debt Relief Attorney Network,Florida mortgage modificationLawyers are ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

Debt relief, mortgage modification lawyers in in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.

 

 

Foreclosure Defense Attorney Network

Written by lisaspitzer on . Posted in Florida-Debt-Relief-Updates

Foreclosure Defense Attorney Network explains What is foreclosure defense?

Foreclosure defense Attorney Network has been Defending Against Foreclosure and helping people stay in their homes.

If you  have been served with a complaint and  your lending institution  is going to foreclose on your home call Foreclosure Defense Lawyer Network  What do you do now? Foreclosure defense means fighting back against your  lender who is trying to foreclose on your home.  Foreclosure defense lawyers attempt to either stall the foreclosure process or stop it altogether.

In  Florida, the foreclosure process must be carried out under the supervision of a judge. Lending Institutions are required to prove that they have the right to foreclose. This give your foreclosure defense attorney  the opportunity to take a  thorough look at  your  lender’s file and ask their employees questions about the underlying loan.  The lender will need to prove that they actually own the mortgage and note.   They will be asked by your foreclosure defense lawyer to produce these documents.Your foreclosure attorney  will find out if there is a legal standing to file a foreclosure lawsuit. If the loan was sold,  they produce will be asked to produce  evidence of a proper transfer between each of the entities that owned the mortgage.

All of these issues,  are presented to  a judge in  court by your lawyer and will affect the lender’s right to foreclose on your home.  An aggressive foreclosure defense lawyer may prevent  foreclosure.

Sometimes the Bank  makes mistakes

In some cases, your foreclosure lawyer will be able to expose deficiencies in the process.  For example, a failure to produce the note or “robo-signing” of documents, can allow homeowners to live in their homes for months or even years without making mortgage payments. Foreclosure defense lawyers can slow down the foreclosure process by forcing lenders to prove their case.

Foreclosure defense has become a popular practice area for  lawyers who have seen other practice areas dry up in the recession. According to a Wall Street Journal article, foreclosure defense  has evolved  due to poor record keeping by  financial institutions.

Foreclosure defense Lawyers commonly  use  probing depositions, designed to uncover any lapses in judgment, flaws in a process or wrongdoing. In the 23 states where foreclosures entail a court hearing, the bank may be ordered to pay the homeowner’s legal bill if  your foreclosure lawyer can  persuade a judge that the  lender has submitted false documents. Very often affidavits may be presented saying employees personally reviewed the details of loans when in truth   they did not.

Bank of America and  many other  financial institutions , made  the news by placing a temporary moratorium on foreclosures last year after it was  found out that the bank had used “robo-signers,” or people who sign hundreds or thousands of documents a day without reviewing the details. In New Jersey, a Pennsylvania notary signed thousands of foreclosure documents without a New Jersey license.

Foreclosure Errors are  quite Common

With errors by lenders so common, you have a good chance of defending the foreclosure. If you’re facing foreclosure, it is imperative to consult  with a foreclosure defense  attorney to  learn your options.  Never take the bank’s word for it.  They may not  have the right to foreclose on your home.

Call Foreclosure Defense Attorney Network of Florida and Georgia 1 800 733 5342

Debt Relief Attorney Network has Florida Foreclosure defense Attorneys ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Debt Relief Attorney Network,Florida foreclosure defenseLawyers are ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

Debt relief, foreclosure defense lawyers in in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.

Mortgage Modification Scams in Florida Be Ware

Written by lisaspitzer on . Posted in Florida-Debt-Relief-Updates

State officials around the U.S. have been cracking down in recent months on so-called mortgage modification consultants, who claim they can help distressed homeowners get a more affordable mortgage payments – for a fee. Hiring the correct loan modification lawyer may be the most important decision you can ever make. Hire a qualified Bar licensed lawyer for Loan Modification Lawyer Network Attorney you can trust. Learn More In truth, these companies do little or nothing but collect a fee. Modifying a mortgage, as many homeowners will attest, is very difficult to do under  most circumstances and must be done by a qualified attorney who know how to negotiate with a lending institution, TALLAHASSEE, FL – “Attorney General Bill McCollum today issued a consumer advisory as part of National Consumer Protection Week on foreclosure “rescue” services and loan modification offers, the most frequent subject of complaints to the Attorney General’s Office during 2008. Within the last year, the Attorney General’s has reviewed information on over 200 foreclosure rescue businesses and has over 40 active investigations into potential violations of Florida’s Foreclosure Rescue Fraud Prevention Act, a new law supported last year by the Attorney General. Several lawsuits have been filed throughout the state, including one against a South Florida company which allegedly defrauded several hundred homeowners out of more than $1 million collectively.” According to the FDIC Beware of Foreclosure Rescue and Mortgage Modification Scams If It’s Too Good to be True, It Probably Is” Call a Reliable source, call  Mortgage Modification Lawyer Network with confidence 1 800 733- 5342   “Today, homeowners are being bombarded with advertising from companies claiming they can save homes, reduce mortgage payments, and many other offers,” said Attorney General McCollum. “Florida homeowners need to be very cautious and should know that Florida law prohibits any company or individual from charging up-front fees for foreclosure rescue or loan modification services.”   In Florida, Attorney General Pam Bondi has announced the arrest of the owners of Best Value Homes, a mortgage modification consultant, for conspiracy to commit RICO (the Racketeer Influenced and Corrupt Organizations Act) and organized fraud. Many Mortgage Modification Consultants are Misrepresening services For a legitimate mortgage modification Attorney call mortgage modification Helpline of Debt Relief Attorney Network   Bondi says LBest Value Homes, Inc., misrepresented services by promising to modify their clients’ mortgages and taking the victims’ money without completing the promised service Loan Modification Lawyer Network has received many calls from people who are in trouble with prior loan modifications. We are able to put many of these distraught individuals back on the right track. Call Loan Modification Attorney Network Today. 1 800-733-5342
Mortgage modification Lawyer Network has Attorneys ready to help you  in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Mortgage Modification Lawyers are ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

Mortgage Modification Lawyers in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.