Better Credit Blog

JUNE 1, 2022

Getting loans, credit cards and other types of credit can be difficult for borrowers without a good credit history, queue, a credit builder loan. What Is A Credit Builder Loan. How Credit Builder Loans Work. Credit builder accounts work like this: It’s a small loan that as you pay to yourself.

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Jimerson Firm

JUNE 30, 2021

When a borrower defaults on a mortgage, lenders will likely execute their right to foreclose on the property by filing a lawsuit. However, lenders are not always the successful party in the foreclosure and, to the disappointment of the lender, the lawsuit may be dismissed. Greymar Associates , 882 So. 2d 1004 (Fla. 3d 1009 (Fla.

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Jimerson Firm

FEBRUARY 18, 2021

However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Accordingly, lenders making construction loans or those whose loan will be secured by a mortgage on real property, must be aware of notices of commencement and their requirements under Fla.

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Better Credit Blog

APRIL 2, 2022

Whether you’re making a big purchase or just refinancing some existing debt, a personal loan could help. But comparing loan options could take days — unless you use an online marketplace like Fiona which lets you compare personal loan offers side by side within minutes. How Fiona Loans Work. Fiona Loan Fees.

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Jimerson Firm

JUNE 28, 2021

In Florida, a lender initiates a foreclosure by commencing a lawsuit in the county where the property is located. If the lender is successful, the lender will receive a final judgment of foreclosure from the court and the property will be sold at a public auction. If the Lender Was Unsuccessful, Should It Appeal?

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Credit Corp

JUNE 3, 2020

A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?

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Jimerson Firm

NOVEMBER 13, 2020

When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. If the collateral is real property, the lender must liquidate all parcels of real property that has a Recoverable Value over $10,000. Is the Recoverable Value of the Property Over $10,000?

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Sawin & Shea

APRIL 26, 2023

A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.

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Better Credit Blog

MAY 12, 2022

In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.

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Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders must ensure compliance with all relevant State and Federal laws and regulations to preserve their remedies for recovery. Florida State Laws. Foreclosures are a state law proceeding first and foremost.

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Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. There are a number of steps you can take to improve your credit score and to make it likely that you can be approved for a loan. Prequalify through several lenders. This is not true.

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Jimerson Firm

MAY 26, 2021

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. The property was acquired by a “person affiliated with” the foreclosing lender or the borrower.

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FFGN COLLECT NY

JUNE 29, 2022

Are you wondering what documentation or proof you will need to provide in order to vacate a default judgment in New York? Similarly, do you need proof to vacate a judgment entered pursuant to a confession of judgment you signed outside of New York that was entered in New York before the law changed prohibiting this practice?

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Collection Industry News

AUGUST 8, 2022

15 provides the Private Student Loan Collections Reform Act, which is contained in Sections 1788.200 to 1788.211. Section 1788.203 requires all settlement agreements between a private education lender or private education loan collector and a debtor to be documented in open court or otherwise reduced to writing. Title 1.6C.15

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Sawin & Shea

APRIL 19, 2023

You’ve probably driven past storefronts with bright lights offering quick cash through payday loans. The companies that offer these short-term loans tout them as a surefire way to get out of a financial bind. Payday loans are incredibly risky. Read on about what payday loans are and why you should think twice before getting one.

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Jimerson Firm

MARCH 10, 2021

Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.

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Debt Guru

APRIL 12, 2020

Payday loan [p?-?d? n]: A financially detrimental debt arrangement that only benefits the lender. Unfortunately, while the former is pretty straightforward, there’s a lot of confusion surrounding the latter – something that shady or disreputable lenders use to their advantage. Why Should You Avoid Payday Loans?

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Collection Industry News

JULY 27, 2021

The industry trade teams challenging the CFPB’s rule that is final Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed a movement for summary judgment. The plaintiffs argue that the payments provisions should be held unlawful and set aside for the following reasons in their summary judgment motion.

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Collection Industry News

MARCH 8, 2021

District Court for the District of the Nevada, alleged, among other things, that the defendants violated the FTC Act, the Telemarketing Sales Rule, TILA/Regulation Z, and EFTA/Regulation E, by marketing loans with fixed payback terms and promising consumers that their loans would be repaid after a pre-determined number of payments.

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Troutman Sanders

MARCH 11, 2024

On March 8, Washington State’s legislature passed a significant amendment ( SB 6025 ) to the Consumer Loan Act (CLA) targeting bank model lending. Provides that a consumer finance loan made in violation of the bill is void and uncollectible. SB 6025 is an updated version of a prior bill, discussed here.

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Sawin & Shea

DECEMBER 7, 2023

In the state of Indiana, law dictates that the lender must contact you at least 30 days prior to filing the suit with the following information: The lender must inform you of the default. The lender must provide you guidance in seeing the assistance of a mortgage foreclosure counselor.

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PBWT

DECEMBER 22, 2020

In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid in full by providing in loan documents that such a filing constitutes an event of default. A court enforced the guaranty, awarding the lender a judgment against the guarantor.

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Jimerson Firm

JULY 30, 2020

In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. The loan documents also typically include one or more personal guaranties. Acceleration of the Loan. 2d 1113, 1114 (Fla.

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Collection Industry News

MAY 18, 2021

While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. In the letter, Nussle stated, “Lenders rely on complete and accurate credit reports when underwriting loans.

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Jimerson Firm

JANUARY 14, 2021

The first half of this series evaluated options available to lenders prior to instituting a commercial foreclosure action. The second-half of this series has evaluated available options to lenders during the pendency of the foreclosure action. 1), directs the defendants to show cause why a foreclosure judgment should not be entered.

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Collection Industry News

MARCH 15, 2021

When Sonja Pennell defaulted on a loan from lender MobiLoans, Pennell sent a letter refusing to pay her debt and requesting that all future debt communications stop. The 7 th Circuit thus vacated the district court’s judgment and remanded with instructions to dismiss for lack of subject-matter jurisdiction.

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Jimerson Firm

MAY 24, 2021

If this happens, the tax lien will become superior to the lender’s mortgage lien. This may be troublesome for lenders because the property may then be sold for taxes, which will eliminate the lender’s mortgage lien. If, however, a tax deed is issued, the lender will have an opportunity to redeem the property. 197.122(a).

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FFGN COLLECT NY

FEBRUARY 15, 2024

While technically not a loan, there is the expectation that the receiver will pay back the provider a larger amount of future receivables—essentially a guarantee of future revenue. No Regulation From the Banking Industry The banking industry does not regulate MCAs since these types of advances are not considered “business loans.”

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Credit Corp

FEBRUARY 9, 2024

Foreclosure means that your mortgage lender can legally repossess your house due to nonpayment. Home mortgage rates will define when lenders can begin the foreclosure process—this is typically determined by how behind on your payments you are. Some states may also allow you to reinstate the loan up until a specific deadline.

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Troutman Sanders

APRIL 2, 2021

The Sixth Circuit recently confirmed student loan servicers, who begin servicing debts after default and resale, are not liable to borrowers under the Fair Debt Collection Practices Act (FDCPA) because the servicers are not acting as “debt collectors.”. the Sixth Circuit affirmed summary judgment for student loan servicer Nelnet, Inc.

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Jimerson Firm

OCTOBER 22, 2020

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. 702.015(4) , Fla.

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Credit Corp

JUNE 8, 2023

In July 2016, the Consumer Federation of America (CFA) and VantageScore Solutions reported that most consumers—more than 80%—knew basic facts about their credit scores, including that credit scores are used by lenders to approve or deny mortgages and by credit card issuers to approve or deny credit cards.

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Fico Collections

JULY 19, 2021

Lenders face a myriad of challenges these days. This decreases the time needed for credit analysts to review and investigate each loan. Pooled models deliver consistent scaling across products to allow lenders to compare risks between different products. Using a pooled model reduces your delinquency and charge-off losses.

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Troutman Sanders

MAY 10, 2022

On May 3, the New York State Senate passed S5473D (Bill), which will apply immediately in all actions “in which a final judgment of foreclosure and sale has not been enforced.” ( See S5473D at Section 10.) 3d 1 (2021), and retroactively annul lenders’ longstanding right to revoke their option to accelerate mortgage loans after default.

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Troutman Sanders

JANUARY 10, 2023

The Engel decision allowed lenders and servicers to voluntarily pause the statute of limitations on foreclosures and reserve the right to restart the action again, as long as it was done within six years. Engel , 37 N.Y.3d 3d 1 (2021).

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Collection Industry News

JULY 12, 2022

A Miami payday loan business must pay more than $39 million to hundreds of Venezuelan Americans in South Florida who lost a chunk of their money after investing in the company, according to a federal judge’s order. It is not expected that Sky Group and Betancourt will repay the full amount owed to the SEC under the judgment issued by U.S.

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Troutman Sanders

AUGUST 18, 2023

In determining whether an EWA product is a loan requiring lender licensing, the guidance distinguishes between products provided directly by employers and those provided by third parties, and also addresses products provided by employers with third party assistance. What level of contact does the third party have with the employee?

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