Consumer Law

Video - Correcting Credit Report Errors - Pull Your Reports

Posted on May 22, 2010
To know how to correct credit report errors you first have to pull your reports. You might as well pull your reports for free if you haven't already done so in the last twelve months. Go to Annual Credit Report and Innovis to pull your reports for free...

The Story Of The Scorpion And Frog - Explains Collectors And Mortgage Companies

Posted on May 22, 2010
This story helps explain, at least in part, why debt collectors will abuse consumers and why mortgage companies will try to steal the homes of consumers. Feel free to contact us through our website or you can call us at 205-879-2447. You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog...

What Does Settling A Debt Buyer Suit Do For My Credit Report?

Posted on May 22, 2010
I received a question from a gentleman in New York who requested and read our report "Five Secrets Debt Buyers Who Sue You Don't Want You To Know" - the report is based upon our experience with well over a hundred debt buyer lawsuits in Alabama but it can also be of some help to consumers outside of Alabama as it discusses general principles of the law...

They All Laughed When I Said I Would Fight Back Against The Big Mortgage Company's Foreclosure Of My Home

Posted on May 20, 2010
This is what consumers around the country face - people laugh and say "there is no way you can fight a giant mortgage company that has already foreclosed on your home!" But when homeowners fight back - smartly and powerfully - when the mortgage companies feel the pain of answering for their evil deeds ...

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Video - Debt Buyers Who Sue Often Don't Show Up At Trial!

Posted on May 17, 2010
We have blogged and written about the fact that debt buyers normally can't or won't prove that they own the debt but it still is remarkable that we see time and time again that at trial the debt buyer has no proof. I don't mean the proof is not persuasive...

Video - First Critical Mistake In Alabama Ejectment Lawsuit - Failing To Answer The Complaint

Posted on May 16, 2010
If we don't answer the lawsuit (the complaint) then the mortgage company wins. Even if the foreclosure was bogus. Even if the foreclosure came about by fraud. If you don't answer the lawsuit, you lose. Many people come to see us who don't answer and the court enters a default judgment against them...

Video - Can A Debt Buyer Legally Collect A Debt From You?

Posted on May 15, 2010
No one likes getting calls or letters from debt collectors and in particular from companies that have bought up bad debt - these are called "debt buyers". Some folks on the internet think it is illegal for companies, for debt buyers, to buy up bad debt...

Video - When Multiple Debt Buyers Claim To Own The Same Debt!

Posted on May 15, 2010
We've already discussed that debt buyers can legally buy your old debt but this doesn't mean it can prove it owns your debt. One huge problem is that more than one debt buyer can claim to own your debt. Folks, that's impossible! Only one company can own the debt...

Consumer Power - May 13, 2010 - Example Of Consumer Applying Knowledge To Protect Herself

Posted on May 13, 2010
If you are familiar with our blog, website, videos, and the stuff I do on my Avvo profile, you know that I have been pounding on the theme that we need to know what our rights are AND take action. We provide information to help with the first part - knowing what your rights are - and we also encourage you to take action...

JP Morgan Chase Tricks Homeowners Into Foreclosure

Posted on May 12, 2010
Shamethebanks.org has posted an article about JP Morgan Chase's latest escapades in exacerbating the current foreclosure crisis. Apparently, the company was advising people to stop paying their mortgages, saying it was the only way to obtain a loan modification, then turned around and repossessed their homes...

Video - Overview Of Five Most Common Mistakes When Alabama Consumers Sued For Ejectment

Posted on May 12, 2010
The five most common mistakes are: 1.Not answering the ejectment lawsuit; 2.Assuming since the foreclosure has already occurred that there is nothing you can do; 3.Assuming the company doing the foreclosure had the right to do so; 4.Assuming the foreclosure process was proper and valid; and 5...

"The Most Dangerous Man In America"

Posted on May 10, 2010
Shamethebanks.org has posted an article about "the most dangerous man in America," but it isn't who you would expect. Jamie Dimon, CEO of JPMorgan Chase, has been dubbed the most dangerous man in the country. The article says that Dimon is only dangerous because "the people in charge let him be...

Jefferson County vs. JP Morgan

Posted on May 10, 2010
Business Insider.com has posted an article that discusses how Jefferson County, Alabama has ended up owing JP Morgan billions of dollars for "for crappy interest rate swap deals it entered into to ease the debt burden of a flawed sewer project." The county ended up owing millions in fees alone; JP Morgan settled for $50 million...

Consumer Power Newsletter - Dealing With Adversity

Posted on May 06, 2010
Good morning, I hope your week is going well. I received a lot of good feedback on the video last week - everyone that wrote in said they liked it. One person said my head was too big which reminded me of the Seinfeld episode (the "Andrea Doria" episode) where everyone kept saying Elaine's head was so large...

Consumer Guide - Three Types Of Fair Debt Collection Practices Act (FDCPA) Violations

Posted on May 06, 2010
Here is a recent consumer guide I wrote which describes the three broad categories of FDCPA violations: 1. Lying to consumers; 2. Unfair conduct towards consumers; and 3. Treating consumers with a lack of respect or lack of dignity. We have a Frequently Asked Questions (FAQ) on the FDCPA which you are welcome to review...

Can Filing For Bankruptcy Make You Lose Your Job?

Posted on May 06, 2010
The BKBlog has posted an article that discusses whether or not filing for bankruptcy is grounds for your employer to fire you. The Bankruptcy Code calls termination for this reason a type of "employee discrimination" based on a bankruptcy filing if: You are, or have gone through a bankruptcy proceeding You are insolvent either before filing a bankruptcy or while your petition is pending; You have not paid a dischargeable debt The Code goes on to say that a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is dischargeable in the case under this title or that was discharged under the Bankruptcy Act...

Consumer Guide To The FCRA - Four Benefits Of A Suit Under The FCRA

Posted on May 05, 2010
I have published a short consumer guide to the Four Benefits Of Suing Under The FCRA. The four basic benefits are: 1. Actual damages; 2. Statutory damages; 3. Attorney's fees and costs; and 4. Punitive damages. Let me know what topics or questions you have and I'll be glad to post a video or article about it...

Foreclosure Prevention Isn't Keeping Pace With Number Of Defaults

Posted on May 04, 2010
DSNews.com has posted an article that discusses the continuing problem of home foreclosures. Despite numerous government instigated programs to curb foreclosure through loan modifications, the numbers continue to rise. The number of delinquent loans at the end of February of this year was 21...

New Consumer Guide On Four Requirements For The FDCPA To Apply

Posted on May 03, 2010
The Fair Debt Collection Practices Act (FDCPA) is a powerful law that can be very effective at fighting back against abusive debt collectors. But it doesn't always apply - even if you are being abused by a collector. In this guide we discuss the four requirements for the FDCPA to apply: 1...

Identity Theft Is Still A Growing Problem

Posted on May 03, 2010
The Western Mass Women Magazine has posted an article that gives helpful information about identity theft. There are several types of identity theft: medical, business/commercial (used to gain credit in the name of the person's business), criminal (used by identity thieves to avoid being caught and prosecuted), and financial (when a thief uses a false identity to receive products or money in your name)...

Video On Three Stages Of Foreclosure In Alabama

Posted on May 02, 2010
As an Alabama foreclosure defense lawyer I talk with a lot of consumers about "foreclosure." People will call me and say "I'm dealing with a foreclosure" but I don't always understand what they mean. The reason is sometimes they mean their house has already been foreclosed...

Consumer Guide On Difference Between Note And Mortgage

Posted on May 02, 2010
I have published a short consumer guide here that explains the difference between a "note" and a "mortgage" in the context of an Alabama Foreclosure. Basically the Note is the debt - the amount you owe and it tells us who you owe the debt to while the Mortgage is the thing that ties the debt to your home - that makes the debt secured rather than unsecured...

Short Sales Can Be Problematic

Posted on May 01, 2010
NorthJersey.com has posted an article that discusses how "short sales" can actually take quite a long time. A short sale becomes an option when the seller's lender agrees to accept less in payment than the homeowner owes on the mortgage. As a buyer, you can get some amazing deals from short sales...

Seven Things To Ask Your Foreclosure Defense Lawyer Before Hiring

Posted on May 01, 2010
Hiring a foreclosure defense lawyer is a very serious matter. It should not be based upon a billboard (drive through Florida and you'll know what I mean) . . . it should not be based upon a television ad . . . or what your know it all brother in law says ...

Consumer Power Newsletter - Documenting Collector Calls And Free Consumer Protection Books

Posted on April 29, 2010
This is a copy of our Consumer Power Newsletter today as we know some people like to read blog posts on their Google Reader or other newsreader and since we are including a video we thought it might be helpful to have everything in one place. So, here is our newsletter this morning: Good morning ...

New Supreme Court Ruling Against Abusive Debt Collectors

Posted on April 29, 2010
The CL&P Blog has posted an article about a recent Supreme Court ruling that gives consumers the upper hand when facing involvement in a lawsuit against abusive debt collectors. In a 7-2 ruling, the Court has decided that debt collectors who violate the Fair Debt Collection Practices Act can't escape consequences by claiming to have been ignorant of or misunderstanding the laws that prohibit abusive tactics in debt collection...

10,000 Reasons Your Mortgage Company Does Not Want To Modify Your Loan

Posted on April 28, 2010
Homeowners often wonder "Why won't the mortgage company (or servicer) agree to modify my loan so I can avoid foreclosure and still make payments every month? It just doesn't make any sense." There are many reasons but I'll just give you . . . oh . ...

Man Fights Cancellation Fee and Wins

Posted on April 21, 2010
Philly.com has posted an article about how not reading the fine print when signing a contract can really backfire. Lester Griffin, a preacher in Philadelphia, found this out the hard way and has been fighting a $430 fee that DirecTV says he owes for "early termination...

Judge Dismisses Foreclosure Case Due To Bank Error

Posted on April 21, 2010
The Wall Street Journal has posted an article about a "fraud" committed by a major national bank in a foreclosure lawsuit. The Florida case began in December 2007 when U.S. Bank N.A. sued Ernest Harpster, a homeowner, after he defaulted on a $190,000 loan from January of the same year...

Mortgage Company Suing You For Ejectment After Foreclosure? Good.

Posted on April 20, 2010
In Alabama the foreclosure is a private matter without court intervention. Then if you don't leave, you get sued. Its called an "Ejectment" suit because the mortgage company is trying to eject or evict you from your home. Let's look at this and see if this is smart or dumb for most mortgage companies to do and how getting sued (not normally a good thing!) for ejectment can actually be a blessing in disguise...

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