Check out this article in the Ft. Lauderdale sun-sentinel, reporting that Elizabeth Wellborn PA--a firm doing, shall we say, a large volume of foreclosure work--hearlessly fired its employees...for wearing orange.
Bankruptcy and Foreclosure Defense: SLG
FORECLOSURE FIRM FIRES ITS EMPLOYEES FOR NO REASON. REAL NICE.
Check out this article in the Ft. Lauderdale sun-sentinel, reporting that Elizabeth Wellborn PA--a firm doing, shall we say, a large volume of foreclosure work--hearlessly fired its employees...for wearing orange.
ABOUT THAT HUGE $25BIL AG/BANK SETTLEMENT....
SHOULD YOU SEND "LEAVE ME ALONE" LETTERS TO COLLECTORS?
Well, there are pros and cons to sending such a letter to your creditors or collectors:
PROS
-You'll be left alone.
-If they violate your letter, they're violating the law, and you can sue them.
CONS
-If they can't call you or write to you, and they see you've cut off the lines of communication, they may just go straight to suing you.
-Most creditors violate the law through what they say or write to you, or when they contact you. So if you cut that off, you're limiting their opportunity to violate the law, and thus, your ability to sue them and try to get your debt erased or minimized.
-No communications means no settlement offers. So if you can pay a portion of the debt, you'll never know what their offers to settle may be.
So, think about whether you want to use the FDCPA's powerful "leave me alone" tool of a cease and desist letter. This is especially true if you are not a bankruptcy candidate, and thus, need to have some avenue to defend yourself on these debts, because you won't be able to discharge them.
Questions? Call us at 954 987-0515 or check us out at www.sunshinelawgroup.com
CAN I SUE THE BANK FOR DENYING MY MODIFICATION?
First, what do we mean by "wrongfully denied a HAMP modification"? We're talking about situations where:
1) You send in your paperwork and the bank loses or ignore it or asks that it be sent over and over
2) The bank denies you when you should have qualified under the terms of the HAMP program
3) The bank puts you on a "trial modification," you make your trial modification payments on time, but the bank never converts the trial modification into a permanent modification.
(Of course, there are a million other scenarios--we've heard bizarre stories of what banks do when it comes to HAMP mods. These are just three major categories).
Can you sue? The answer is yes, and no.
You can't sue the bank for money damages. HAMP does not provide what's known as a "private right of action." That is, it doesn't provide an avenue for the Average Jane to hold the bank responsible in Court if it doesn't comply with HAMP.
What we here at Sunshine Law Group have done, is sue the bank under what's known as a Declaratory Judgment Action (a "dec action"). A dec action is an action that simply asks the Court to determine a party's rights under laws, contracts, ordinances, etc. It's an action that says "Court, we have a dispute over the meaning of this law/contract, we want you to tell us what our rights are under the law/contract and tell us which of us is right or wrong." So, we request that the Court determine whether our clients should rightfully have qualified for a loan modification and if so, what the modified payment should be. We're not actually suing the bank for any damages. We're just asking the Court to make a determination of rights--namely, the right to a modification.
This is an effective technique that avoids HAMP's lack of a private right of action. It forces the Court to look at the HAMP program and apply it properly--nothing more, nothing less. And for clients like you (maybe), it's an effective way to get the Court involved in seeing what kind of garbage the banks are pulling on people, and to get a judicial determination of your modification if the bank won't do it on their own.
Another avenue is suing under state unfair and deceptive practices statutes. HAMP may not have any private right of action for violating its terms. But if the bank's actions go beyond simple noncompliance, and become unfair or deceptive (which they all do), then it falls under the state's consumer protection statutes, which do provide a private right of action. Unlike the dec action however, the state consumer protection laws won't necessarily compel a modification.
Questions? Call us today at 954 987-0515.
-Jason Weaver, esq.