The Florida Deceptive and Unfair Trade Practices Act is often referenced with regard to violations against consumers. But the FDUTPA can also be used in filing a Miami commercial litigation lawsuit where two competitors are in a dispute. The key is that competitors bringing the action need to show not only that there was a […]Continue reading "Use of the Florida Deceptive Unfair Trade Practices Act In A Competitive Dispute" »
Today, more people than ever are seeking relief from debt in the form of a Chapter 13 bankruptcy filing. That’s partially due to the fact that tougher bankruptcy regulations passed just before the housing market crash made it harder to qualify for a Chapter 7 liquidation bankruptcy. Additionally, Chapter 13 plans tend to be a […]Continue reading "Chapter 13 Repayment Plans—Adhering To Approved Models…Or Not" »
Will Debt forgiveness encourage borrowers to stop paying Florida loans that are current? If so, this could lead to serious consequences.
With various types of debt forgiveness programs available, it may leave you wondering if it will only encourage those who are current on their loans to stop paying. While it can certainly lead to that, it wouldn’t be wise for a borrower to do so as there may be consequences to this.
One of which is that they could still end up paying, especially if the entire debt isn’t cancelled. There may be other factors that will influence someone’s decision to go this route, so before you stop paying, speak with a bankruptcy attorney in Miami.Continue reading "Debt Forgiveness Qualifications as explained by a Miami Bankruptcy Attorney" »
Financial hardship letters are a way to ask a lender for help with a loan modification. A Miami-Dade County foreclosure attorney further explains this process.
Financial hardship letters are a way to explain why you are having difficulty with paying your mortgage. Before you attempt to work with your lender on finding a solution to your problem, which may include a loan modification, you will need to provide a letter of explanation, which is something a qualified foreclosure lawyer can help you with.
What Circumstances Might Necessitate a Financial Hardship Letter?Continue reading "Main Ingredients in a Loan Modification Financial Hardship Letter" »
There are risks involved when renting a home in foreclosure; however, as a renter you may have rights, which a Florida real estate attorney can explain to you.
With the mortgage crisis leading to foreclosures, it is important to realize that homeowners and investors are not the only ones affected. Renters face risks, too, but a Florida real estate attorney can help protect your rights.
Renting a Home That Is in ForeclosureContinue reading "The Pros and Cons of Renting a Foreclosed Home in Florida" »
The Servicemembers Civil Relief Act may help veterans avoid foreclosure. It applies during active military service and can protect your South Florida home. The Servicemembers Civil Relief Act (SCRA) can provide protection in a number of ways for those who are:
• entering the military;
• called to active duty; or
This protection applies to certain civil obligations, which may be delayed or stopped, depending on the circumstances. The point of this Federal Act is to relieve service members of the worries and stress that accompany many of these civil obligations. One of them applies to homes that are in danger of being foreclosed.Continue reading "How the Servicemembers Civil Relief Act Can Help Veterans Avoid Foreclosure in Florida" »
The robo-signing scandal led to thousands of false affidavits being signed. This could affect your lender’s ability to foreclose on your South Florida home. You may be facing the loss of your home and wondering if there is any recourse you can take. There may be if your home is affected by the robo-signing scandal. […]Continue reading "The “Robo-Signing” Scandal: How It May Affect You in South Florida" »
Dear Mr. Neustein,
After 10 years of marriage, I recently got divorced. Suddenly, our two income household has been cut by more than half. I used to work full-time, but now I am limited to my disability check. We were recently served with foreclosure papers and I have basically been living off my credit cards which are almost maxed out. Should I file for Chapter 7 Bankruptcy to save the house? Is it too late to save my home from foreclosure?
Dear Nancy,Continue reading "Can Filing a Chapter 7 Bankruptcy Save My Home from Foreclosure?" »
The net present value test helps decide if you qualify for a loan modification for a Florida property. Several factors are considered, which a Florida foreclosure attorney explains.
If you are finding it difficult to pay your mortgage or you are at risk of foreclosure, there may be a solution. A loan modification may be allowed.
Overview of a Loan ModificationContinue reading "What is the “Net Present Value” Test relating to Loan Modifications in Florida?" »
There are a few tax implications involved in the foreclosure of a home. For help with your situation, seek assistance with your tax professional FIRST and then a Fort Lauderdale foreclosure attorney.
When you are facing a mortgage foreclosure in Florida, there are tax implications of which you should be aware. For investors or homeowners it could mean serious financial consequences, but there may be some relief available.
The Mortgage Forgiveness Debt Relief Act of 2007Continue reading "The Tax Implications of Foreclosure in Florida" »