News & Articles

Mortgage Relief After Hurrican Irma? Better Beware

My family and I were very lucky to have no damage at all from Irma. A half day of raking, and finding a cat (temporarily named Irma, of course), fostering her for 3 days, then finding her owners and returning her. But I was without power at my office for the full week. So I am honestly feeling the pinch from the hurricane. Of course I had nothing but time to be on Facebook all [...]

I Need to Keep a Credit Card When I File Bankruptcy!

I hear and see this all the time.  "I want to keep one credit card out of my bankruptcy." Or, "I need to keep one credit card in case of an emergency." You can try... but it's not going to work. If you owe even $0.01 on a credit card, it must be listed as a debt on your bankruptcy petition. If you do not owe anything, then maybe you don't have to list it. [...]

Florida Short Sale Trap?

by Jonathan Paul Have you completed a short sale on your primary home in the last 5 years or less? I hope that a part of that negotiation with the lender included an agreement (in writing) to waive the deficiency. If it wasn't you may now be facing the possibility of a real financial calamity - as if losing your house wasn't enough! Florida's First District Court of Appeal recently handed down an opinion informing [...]

Private Student Loans and the Case of the Missing Paperwork

by Jonathan Paul Many of you may have recently read the recent New York Times article regarding the $18 billion in student loans currently owned or serviced by National Collegiate Student Loan Trust, and its various hydra-headed offshoots. For those of us that have been practicing in the relatively narrow field of student loan collection defense, the comments in the story have confirmed what we have all long believed to be the case… National Collegiate [...]

Car Repossession and Bankruptcy

When is a bankruptcy filing a good idea to stop a car repossession? Almost never. I rarely get calls from people needing to file bankruptcy to stop a car repossession... and that is a good thing.  Because it is hardly ever a good idea to use a bankruptcy to only save a car.  It almost never makes financial sense to do so. Just the cost of hiring an attorney to file the bankruptcy is usually [...]

Florida Supreme Court Rules in Bartram, But What it Means is Clear as Mud

Recently, the Florida Supreme Court issued an opinion on the long awaited Bartram v. U.S. Bank, N.A., matter. What it held, and how it reasoned its holding, is difficult to determine due to what appears to be two completely different positions taken within the opinion. The opinion is sure to muddy the waters to an even greater degree than they already had been. The bottom line of the opinion, however, is clear - there will be no [...]

Florida Foreclosure Surplus

In the current housing market climate competition for the purchase of houses is intense, and can often involve bidding wars. This is not only limited to the sale of homes in a conventional sense where realtors are negotiating on behalf of their clients, it happens in foreclosure cases, as well. If you are unfortunate enough to be on the losing end of a mortgage foreclosure action and you are forced to forego continued possession of [...]

Need Solutions For Your Student Loan Problems?

You signed for your student loans with the hope and promise of your education securing you a better future. Now the payments are due and you don't know where to turn for help in understanding your student loan situation. If you would like to end your financial struggles, and you need help, contacting a student loan lawyer may be your best option. Confused by your options or don't think you have any? Is there a difference [...]

Wage Garnishment Due to Student Loan Default

Death and taxes are typically what most people think they cannot avoid. But people forget federal student loans as well. Since the federal student loans involve the federal government, you are going to be hard pressed to ignore them. A garnishment can come for different reasons. The first thing you have to understand is that there are federal student loans and private student loans. For a private student loan to garnish someone, they must first [...]

Florida Foreclosure Law Firm Butler & Hosch Closes Its Doors

Some of you may have recently read that local mortgage foreclosure firm Butler & Hosch, P.A., is shutting its doors, effective immediately. (See story here: http://www.housingwire.com/articles/33919-after-nearly-35-years-in-business-mortgage-law-firm-butler-hosch-closes-down). But what may be uncertain is how will this affect your foreclosure case? The very simple answer is that it will remain to be seen. I have some experience with the firm, having worked there several years ago, and according to the article there were various issues within that firm [...]