Consumer Law

How NOT To Collect A Debt

Posted on November 13, 2010
The Michigan Collection Law Blog has posted a helpful article that outlines some of the wrong (and illegal) ways that debt collectors go about collecting from consumers. Gary Nitzkin, writer of the article, brings up the example of Larry D'Ambrosio, owner of the Unicredit America, Inc...

Alabama Case Filings -- TCPA/FDCPA Allegations Against NCO And Chase

Posted on November 11, 2010
We have talked about the rampant violations of the federal law known as the TCPA -- Telephone Consumer Protection Act -- which prohibits automated calls to cell or mobile phones without permission. In a case we filed against Chase (credit card company) and the large debt collector NCO, allegations were made about alleged violations of the FDCPA (Fair Debt Collection Practices Act) and the TCPA...

Federal Reserve Governor Admits "Mortgage Servicing is Broken"

Posted on November 11, 2010
The CL&P Blog has posted an article about how the newest Federal Reserve Governor, Sarah Bloom Raskin, admitted that the mortgage servicing system currently in place is not effective and can even be called "broken." She spoke last week at the National Consumer Law conference in Boston about general mortgage servicing problems and, unlike other banking regulators, she didn't ignore the mortgage servicing industry's failures- such as the "robo-signing" scandal...

Alabama Case Filings ? LVNV Sued For FDCPA Violations After Suing A Consumer Who Had Paid The Debt Off

Posted on November 10, 2010
We have warned consumers to be very careful about settling debts as sometimes debt collectors will come after you even after you have settled your case. Here is an example of a lawsuit against the well known debt collector (debt buyer) LVNV and Leading Edge Recovery Solutions, LLC, related to allegations that the consumer settled the debt but yet LVNV then sued the consumer...

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Loan Servicers Still Prefer Foreclosure to Modification

Posted on November 09, 2010
ForeclosureBuzz.com has posted an article and a video that discusses why loan servicers still prefer to foreclose on a home rather than pursue a loan modification. The short answer is money. If there was the money to do a lot of modifications, loan servicers would be much more willing to modify loans to save homeowners from foreclosure...

Alabama Case Filings -- Wrongful Foreclosure After Bankruptcy Discharge By Deutsche Bank And AHMSI

Posted on November 09, 2010
AMENDED ANSWER AND COUNTERCLAIM COMES NOW, Defendant, by and through his attorneys of record and files his amended Answer and Counterclaim against Deutsche Bank National Trust Company as Trustee (Deutsche) and American Home Mortgage Servicing, Inc. (AHMSI) as follows: 1...

Alabama Case Filings - Wrongful Foreclosure Suit Against LPP Mortgage

Posted on November 08, 2010
LPP is a mortgage company (perhaps only the servicing company) that has taken over a lot of defaulted loans of New South Federal. Many Alabama consumers were in the process of modifying their loans with New South when the FDIC took over the bank in December, 2009...

Alabama Case Filings - TCPA Violations Alleged Against Santader (Auto Finance Company)

Posted on November 07, 2010
We have talked extensively about the problem of companies, particularly car finance companies, violating the Telephone Consumer Protection Act (TCPA) by using autodialers or computer dialers and using pre-recorded messages against consumer's cell phones illegally...

Myths Vs. Facts of Mortgage Servicing, Loan Modification and Foreclosures

Posted on November 06, 2010
Our friend Denise Richardson of givemebackmycredit.com has posted an article that compares myths to the actual facts surrounding mortgage/loan servicing, loan modifications and foreclosures. Myth: "Banks don't make accounting errors." Fact: It seems to be a common belief that all banking institutions are orderly and on top of things and as long as you make your payments on time there won't be any problem...

Alabama Case Filings - Illegal Debt Collection By Bank Of America After Bankruptcy Discharge Of Home Loan

Posted on November 05, 2010
Bankruptcy is a legitimate option for many Alabama consumers but what do you do when after you have received a discharge (meaning you don't owe the debt anymore) the mortgage company -- such as Bank of Americar (BAC Home Loan Servicing) -- continues to call and write to collect on a debt that does not exist anymore? What do you do after you tell the company to not bother you -- to not call you on your cell phone with an illegal autodialer, to not write you anymore? When the mortgage company -- whether Chase, GMAC, Litton Loan, PHH, LPP, Wells Fargo, Bank of America, etc -- won't stop breaking the law then one way to get them to stop is to sue them...

Should Companies Pull Potential Employees' Credit Reports?

Posted on November 04, 2010
The Michigan Collection Law Blog has posted an article about an employer's risk of pulling a potential employee's credit report. Under the Fair Credit Reporting Act, employers have the right to pull a potential employee's credit report during the interviewing process, with permission from the person being interviewed...

Debt Collection Company Holds Its Own "Court"

Posted on November 02, 2010
The Bankruptcy Law Network has posted an article about a recent debt collector scheme that went so far as to impersonate the federal government. Unicredit, a debt collection company in Eerie, Pennsylvania, had employees dress up as sheriff's deputies and serve people a fake court summons...

Foreclosures Preferred Over Short Sales

Posted on October 30, 2010
The New York Times has posted an article that discusses how GMAC and Bank of America are resuming foreclosing on homes after a short break. However, the companies are still foreclosing on homes in the traditional way and not using other options, such as short sales...

Fannie Mae and Freddie Mac Total Could Reach $259 Billion

Posted on October 28, 2010
Yahoo! News has posted an article about how the government programs designed to help with the mortgage crisis- Fannie Mae and Freddie Mac- could run up a tab of $259 billion of taxpayer money. Currently, Fannie and Freddie have received $135 billion and have repaid $13 billion to the Treasury...

Movie Studio's Collection Agency Violates FDCPA

Posted on October 27, 2010
The Michigan Collection Law Blog has posted an interesting article about a debt collection company that is hired to pursue the violators of movie studios' copyright laws. The collection company, named the Copyright Enforcement Group, seeks to obtain money damages from people before a judgment is issued in court...

FTC Fines Debt Collection Company $1.75 Million

Posted on October 25, 2010
StarTribune.com has posted an article about the Federal Trade Commission cracking down on a Minnesota debt collection company, which is the 2nd largest civil penalty case the FTC has brought against a debt collection company. Allied Interstate Inc. has had a history of consumer complaints and has been fined several times by the state...

"Old Republic To Stop Writing Policies For Some Foreclosures"

Posted on October 23, 2010
USA Today has posted an article that discusses Old Republic National Title Insurance's decision to stop writing new policies for homes that have been foreclosed on by the companies JP Morgan Chase and GMAC Mortgage. Old Republic is one of the nation's largest title insurance companies...

Five Signs You Could Be Heading For Bankruptcy

Posted on October 20, 2010
Newsweek.com has posted an article that gives five signs that could mean you're headed for bankruptcy. The number of bankruptcies in the US has continued to increase. 1.6 million filings are expected to be made before the end of this year, putting bankruptcy at its highest since 2005...

Bank of America Fires Debt Collection Company

Posted on October 18, 2010
ABC News has posted an article about Bank of America's questionable judgment used when the company hired a debt collection agency that was caught using obscene language and racist remarks when calling to collect on debts from the bank's customers. For example, Alan Jones owed a mere $81 on his Bank of America card and received a call from a debt collector at 6:30 am...

"Debt-Collector Bullying"

Posted on October 15, 2010
MSN Money has posted an article about the continuing problem of debt collector harassment. This has always been a problem but in recent years the debt-buying market has become quite lucrative. Debts can be purchased for just pennies on the dollar from the original creditor...

"Some Student Loan Collection Managers have been Asleep at the Switch"

Posted on October 12, 2010
InsideArm.com has posted an article that discusses how private student loan companies have been very inefficiently collecting debt payments. Just a few years ago, debt losses in the form of student loans were extremely low because of benign credit conditions, strict underwriting, and the existence of guarantees for the loans...

"Bankruptcy Is Not A Pizza"

Posted on October 09, 2010
The Bankruptcy Law Network has posted an article that discusses how each bankruptcy case is unique and you shouldn't go into an appointment with a bankruptcy attorney with the idea that it will be a remarkably easy, like ordering a pizza. Bankruptcy is a highly specialized area of law and if you fail to hire the right attorney or are filing yourself and unclear of some details you could lose basically everything...

No Title Insurance Could Stall Sales of Foreclosed Homes

Posted on October 08, 2010
USAToday.com has posted an article about how foreclosed homes could become harder to buy since Old Republic National Title Insurance has stopped insuring homes' titles that have been foreclosed by GMAC Mortgage and JP Morgan Chase. This started last week when the insurance company made the announcement, claiming that the main reason is because both mortgage companies have out a halt on foreclosures in 23 states...

Struggling Virginia Family Wrongfully Foreclosed By Chase

Posted on October 06, 2010
The Washington Post has posted a distressing article about a family whose son was diagnosed with a terminal disease soon before their home was pushed into foreclosure by Chase. Mike and Kathy Wales, from Prince William County, Virginia, say they fell behind on their mortgage payments last year after learning that their son had cerebral adrenoleukodystrophy, a terminal neurological disorder that leaves him unable to walk or see...

Why You Should Take Identity Theft Seriously

Posted on October 04, 2010
Our friend Denise Richardson, of givembackmycredit.com, has posted a helpful article where she gives eight reasons why you should take identity theft seriously. Identity theft is the fastest growing crime in the country, according to FBI statistics. While it hopefully will never happen to you, the possibility is still there and you should take precautions and know what to do after it happens...

Habits That Destroy Your Credit Score

Posted on October 01, 2010
Yahoo! Finance has posted an article about common habits that really damage your credit score. Credit scores range from 300 to 850 and the higher your score the better. One of the easiest ways to destroy your credit score is not to pay your bills. It seems obvious, but one of the most important parts to your credit report is your repayment history...

The Government Unveils A New Foreclosure Program

Posted on September 27, 2010
Our friend Denise Richardson of givemebackmycredit.com has posted an article about a brand new mortgage assistance program that was unveiled on September 8th. But homeowners who are facing foreclosure or are having to deal with crooked mortgage servicers or policies shouldn't get too excited yet...

How Bad Credit Affects You

Posted on September 23, 2010
MyCreditGroup.com has posted a very helpful article that discusses how having bad credit has a negative impact on your financial well being and credit report. Having bad credit can send you into serious debt in the long and short terms unless you look into some options for credit repair...

Inmate Ran Collection Agency While In Prison

Posted on September 22, 2010
Bloomberg Businessweek has posted an article about an inmate who was running a debt collection company while he was incarcerated. Lamont D. Cooper was imprisoned in October 2009 for violating the terms of his release for a drug conviction and continued to run Legal Action Recovery, his debt collection agency...

Article On Which Types Of FDCPA Cases Typically Settle Quickly

Posted on September 20, 2010
In our articles section of our website we have added a new article that discusses the factors that typically are present when Fair Debt Collection Practices Act case settles quickly. Here's an overview: First, the more clear cut the violation the more likely the defendant debt collector will want to settle with you...

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