Make the Mortgage Company Pay? Maybe.
In this day and age, the little guy seems to rarely win, right? Well, at LeavenLaw, we search for ways to try and level the playing field. And if we work hard, search, use our experience and knowledge, and possibly catch a few breaks, we just might be able to negotiate you a favorable result WHILE making your mortgage company pay for your attorney to do so. Read more to find out how.
Our Approach to Unlawful Debt Collection
Believe it or not, with increasing frequency, lenders, mortgage companies and servicers do not have the appropriate documentation to prevail in a mortgage foreclosure lawsuit against you. Under the terms of your mortgage and promissory note, whoever prevails (i.e., wins) a lawsuit based upon those documents typically has the legal ability, from the terms of the contract itself, to request that their attorney’s fees and cost be paid for by the non-prevailing (i.e., losing) party. If the attorneys at LeavenLaw are able to win your case, based on any of the above theories or tactics, we will also preserve the ability to ask the court to award your fees . . . and try to get all your money reimbursed.
- Did they lose the note?
- Can they re-establish the note?
- Has the assignee given you notice of the transfer of the note (each time) prior to the mortgage foreclosure lawsuit being filed?
- If so, what people and affidavits are they relying on to prove their case?
LeavenLaw and its mortgage foreclosure defense attorneys have spent years and hundreds, if not thousands, of courtroom hours analyzing these rather complex issues and questions. It is our experience, confidence and tireless work ethic that makes us particularly well-suited lawyers to help consumers fight their mortgage companies and try to win their foreclosure case.
Find Creditor Harassment
For years, Ian Leavengood, the Founding Partner at LeavenLaw has said that "unlawful debt collection goes on in virtually every consumer case or bankruptcy he has handled." The same is likely true in mortgage foreclosure cases as well. It is just a question of educating a client to see it, training a client to capture the needed information, and hiring an attorney capable and willing to go after multi-million dollar companies and their well-resourced lawyers on a contingency basis. If you have all three, you can turn the tables...or at least try.
What types of creditor harassment is a consumer likely to see in and during a mortgage foreclosure case?
Consider the following:
- Monthly billing statements sent to the consumer after he or she has hired an attorney
- Calls to a consumer after he or she has hired a lawyer regarding the debt or the lawsuit
- Calls to a consumer’s cell phone after he or she has asked the mortgage company to stop
- Calls to anyone after the consumer has told the mortgage company to call his or her lawyer
- Attaching your notice of acceleration letter to the complaint, confusing consumers as to their rights
- Filing suit against you without first providing you notice of assignment of the debt (each time) it was assigned
- Sending you debt collection letter that violate the FCCPA and the FDCPA
- Improperly reporting your foreclosure as having commenced before it actually did
- Providing you reinstatement figures that include costs and fees that are not allowed by law
- Making you re-affirm a debt discharged in bankruptcy before considering you for a loan modification
- Calling you on a cell phone to settle a lien without prior express consent to do so
The list could literally go on and on. Each category above is a fact pattern where LeavenLaw and its attorneys have found unlawful debt collection, sued the bank (and in some cases their attorneys) and fought back. Let us fight for you . . . and try to make the banks pay!
Laws that Protect You from Unlawful Debt Collection
Telephone Consumer Protection Act ("TCPA"): A federal law that regulates automatically dialed telephone calls and spam text messages to your cellular telephone without prior express consent. A powerful weapon in the right lawyer’s hands, providing for $500.00 per violation, and up to $1,500.00 per violation for willful and knowing violations.
Fair Debt Collection Practices Act ("FDCPA"): Another federal law that regulates third party debt collectors, requiring that consumers are treated with honesty, dignity, fairness and respect. If you have been treated unfairly, deceptively, you likely have rights. This statute provides for up to $1,000.00 statutory damages per lawsuit filed, plus attorneys’ fees and costs should you prevail. LeavenLaw takes these cases, with the right facts, on a contingency basis.
Florida Consumer Collection Practices Act ("FCCPA"): A state law that, like the FDCPA, governs debt collection. This statute, however, applies to first party creditors (i.e., banks, doctors, etc.) as well. It too provides for statutory damages up to $1,000.00, attorneys’ fees and costs.
Fair Credit Reporting Act ("FCRA"): A federal law that does not expressly given debt collection, but rather the reporting of debts, amongst other things. And while law deals with reporting, it does impact debt collection. Many times creditors and debt collectors will using reporting as a way to collect, wrenching money out of the consumer’s hands with bad or erroneous reporting. This leaves a consumer with little other choice but to pay or deal with the impact blemishes on your credit report may cause. The prevailing consumers gets statutory damages for intentional violations, actual damages for negligent violations, and attorney fees and costs if the case is proven.
We will use our knowledge and experience with all of the above laws to help you...and fight back!