Philadelphia Bankruptcy Lawyer – Stephen Dunne
Helping people in financial trouble see the light at the end of the tunnel by stopping debt collection harassment.
Foreclosure is a harsh legal process and, when you are threatened with foreclosure, you should immediately try to obtain legal help. Foreclosure can move very quickly. One advantage of exercising your legal rights is that you can slow down the process. In the short term, delay can be helpful because it will give you more time to put into place a long-term solution to the problem. You cannot properly delay foreclosure just because you need more time. The actions you take must be based on some underlying legal claim or defense which is raised in good faith.
Procedural Defenses May Delay the Process. Lenders are sloppy in their procedures and sometimes do not comply with pre-foreclosure requirements. Lender errors can be to your benefit when you are contesting foreclosure, forcing the lender to start over, or, at the very least, forcing the lender to comply with procedural requirements. This will provide you with additional time to refinance, sell privately, or arrange a workout agreement.
A Chapter 7 Bankruptcy May Create a Temporary Delay. Filing a chapter 7 bankruptcy case will delay a foreclosure because the automatic stay in the bankruptcy case will temporarily prevent the foreclosure process from continuing. The lender cannot continue foreclosure without permission of the court (this usually takes at least sixty days) or until the case is over.
Filing a Chapter 13 Bankruptcy Stops a Foreclosure Permanently. A chapter 13 bankruptcy allows you to cure a default or pay off a mortgage in installment payments over time rather than having to come up with a lump sum. The “automatic stay” is the primary reason bankruptcy is such a powerful method of dealing with foreclosure. The filing of your petition in bankruptcy automatically stops most creditor actions against you and your property, including foreclosure, foreclosure sales, and the filing of liens against your property.
Pennsylvania law protects homeowners by providing a statutory right to cure a defaulted mortgage through Act 6 and Act 91. Pennsylvania law allows homeowners to reinstate a mortgage that has defaulted up until one hour before a sheriff’s sale.
Act 6 only applies to “owners of relatively modest homes” as the current jurisdictional limit for Act 6 is $221,540.
Act 91 created the Homeowner’s Emergency Mortgage Assistance Program (“HEMAP”) which offers financial assistance to homeowners whose loans are in default because of circumstances beyond their control, and who have a reasonable prospect of resuming full mortgage payments in the ensuing 24 to 36 months. For homeowners who qualify, the Pennsylvania Housing Finance Agency (PHFA) pays the arrearage on the mortgage and can provide ongoing, future assistance with the mortgage payments for up two years, and, in times of high unemployment, three years. The assistance is in the form of a loan to the homeowner, secured by a lien on the home.
In recent years, many mortgage loans have been written with hidden traps that spring on the consumer several years later. Your monthly payment will explode two or three years later into the mortgage, whether or not general interest rates go up. The lender offered you a “teaser” rate that is guaranteed to go up after two or three years, causing your mortgage payments to “explode” at that point. Your mortgage may have given you an option to pick a lower payment for a time, but when the option period ends, a much higher payment is then required.
It is essential that you determine as soon as possible whether your mortgage loan contains this feature. You will have more options and more time to investigate those options if you act promptly. Many of these exploding mortgages were refinancings of existing mortgages or second mortgages for home improvements or similar expenses.
If you took out a mortgage loan within the last five years, you should check what happens to your monthly payments in the future. Ask the servicer or lender. You may be among the millions whose monthly mortgage payments are about to skyrocket. You have options if you act now.
If you do have an “exploding” adjustable rate mortgage loan, immediately explore the following options:
By not filing a written answer or appearance within the specified time, or by failing to attend the hearing, or by missing other deadlines, you may lose the opportunity to raise your defenses. This is usually called a “default judgment.”
Significance of a Court Judgment Against You. The judgment is what the court orders after hearing the case. If the collector wins, the judgment gives the collector the right to force you to pay using a variety of methods. A collector with a court judgment can arrange for the sheriff to seize certain items of your property. Because the collector is armed with a court judgment and is asking the sheriff to do the seizure, the collector can seize your property even though the collector had not taken that property as collateral for its loan. This is called “attachment and execution.” If the sheriff is able to seize your property, it will then be sold at public auction, and the part of the proceeds not exempt will go to the collector to help pay off the judgment. If property is sold at auction, you or your friends can attend the auction and re-purchase the possessions at a bargain price. After a sale, if the sale proceeds are not enough to pay the judgment in full, the collector may keep trying to collect the remainder.
Judgment Liens Can Stay on Your Real Estate for Years. Any unpaid judgment generally becomes a lien on any real estate you own in the county where the judgment is entered. Collectors can force a sale in much the same way as they can force the sale of other property. Even if the real estate is exempt from execution, the collector’s lien on your property usually remains in effect until you sell it. The collector’s lien is usually satisfied when the property is sold.
Garnishment of Bank Accounts. A collector with a court judgment against you has the right to “garnish” money belonging to you. In this context, to “garnish” means to take. Most often, garnishment takes money from your wages or bank account. After obtaining a judgment, the collector can file a request for garnishment with the sheriff. A notice is then issued to the “garnishee” (a bank, an employer), directing that party to turn over the money at a specified time.
Collectors Surprise Attack. Once a collector has a judgment against you, there are several methods that are deployed simultaneously in an attempt to collect on the judgment. The creditor may attempt to collect by the following methods:
If you have unpaid debts, at some point the creditor or debt collector may sue you. While not all creditors will file a debt collection lawsuit, if you have income or assets that the creditor can grab, it is likely to sue you to get a judgment.
The bill collector is a school yard bully and is counting on you to give up; collectors often drop lawsuits if you put up a fight. Most people do not respond to collectors lawsuits – filed by the thousand – so the debt buyer wins by default. You can win the lawsuit if you respond to a collection lawsuit properly.
How To Respond To A Collector’s Lawsuit.
1. Always Pick Up Your Certified Mail and Accept Notices About Court Actions. You will not escape the consequences of a lawsuit by hiding from notice about that action. Never hide from a court summons; always read it carefully, follow the instructions, meet all deadlines, and attend all hearings.
2. Hire a (NACA) Debt Collection Defense Attorney. Fighting back and raising legitimate defenses and claims against a collector can erase some or all of the debt. In most cases, a lawyer can take steps that will significantly improve the outcome for you.
Common Defenses to Raise.
1. The collector has not proved it owns the debt. Many collection cases are not brought by the company you first owed the debt (such as a credit card issuer), but by someone who has allegedly bought the debt, called a debt buyer. The debt buyer has the burden of proof to prove it owns the debt and you should insist on that proof. Amazingly, debt buyers will often not have that proof. They often bought the debt from another debt buyer and cannot produce evidence of a chain of ownership of your account leading from the original creditor to them. They may produce a document indicating that the debt buyer bought thousands of accounts, and which states that the list of those accounts, including yours, is on a computer tape. But this is meaningless until the collector actually produces the computer tape and shows that your account is one of the accounts that was sold to it.
2. The collector has not presented your credit contract in court. Often the collector is claiming that the credit contract you entered into allows them to recover the debt plus interest, late charges, and attorney fees. Make sure the collector produces in court the contract you agreed to, and not some standard form agreement with no evidence that it was the one you entered into with the creditor. Otherwise, the collector may not be able to collect attorney fees and may even lose the right to recover on the debt.
3. The debt is too old to be collected. Some debts are so old that they cannot be collected in court. This does not stop some collectors from suing on these debts, hoping you will not contest this. Pennsylvania has a four year statute of limitations but collectors often sue on debt that is ten, even fifteen years old.
4. Someone else incurred the debt or you are only an authorized user of a credit card. You are only liable for your debts and not for someone else’s. This means that you are not liable if someone forged your name or used your credit card without your authority (under federal law, you may be liable only up to $50.)
5. You have already paid, settled, or discharged the debt in bankruptcy. Virtually all debts are eliminated by a bankruptcy filing and this is a defense to the lawsuit. Also a defense is if you have already paid the debt or paid more than the collector claims.
Are you been overcharged for credit card debts, auto loans, mortgage loans, or insurance policies?
A report by the Federal Trade Commission, completed in December, found that 21% of of American consumers discovered a “confirmed material error” in at least one of the credit reports issued by the Big Three credit reporting bureaus — Experian, Equifax and TransUnion. The agencies track the credit histories of over 200 million Americans. If the FTC’s findings are accurate, that means some 40 million Americans have a mistake on one of their credit reports, and 10 million are potentially overpaying as a result.
A recent investigation on 60 Minutes by Steve Kroft confirms the 40 Million Mistakes.
Order Your Free Report. The first step in learning about your credit report is to order copies from the three main credit bureaus and read these reports carefully. This will allow you to see if the bad information you think is listed in the report is really there. You may want to order your free credit report by phone or mail, and not on-line. If your order by phone or mail, you will receive a paper credit report that has more information and is easier to read than the electronic version. Also, if you order your credit report on-line, there may be risk that you might waive your right to take the credit bureaus to court.
Free Annual Credit Reports. You can get your free credit reports from the centralized request service by:
You can download the form at www.ftc.gov/credit. You can download all three reports at no cost when you go to the centralized service or just one at a time if you prefer.
Fair Credit Reporting Act (FCRA). The Fair Credit Reporting Act (FCRA) was established to promote the accuracy and privacy of the information collected and distributed by credit reporting agencies. The Fair Credit Reporting Act provides consumers with a number of rights and gives consumers an avenue for relief once errors are detected in credit information. Some of your rights under the FCRA include:
Get Credit Reporting Errors Fixed. Don’t let mistakes on your credit report cause further financial problems. I will assert your rights under the Fair Credit Reporting Act. I am a consumer rights attorney and participating member of the National Association of Consumer Advocates (NACA), a nationwide membership organization of consumer protection attorneys who represent and have represented thousands of consumers victimized by fraudulent, abusive, and predatory business practices.
Stephen M. Dunne has devoted his professional career to fighting for the rights of consumers. Mr. Dunne is a consumer lawyer admitted in the State and Federal courts of Pennsylvania, and in numerous courts including the Third Circuit Court of Appeals and the Federal Circuit Court of Appeal for Veterans Claims. He has successfully briefed and argued cases in the federal appellate courts resulting in favorable decisions for his clients.
His practice is limited to the representation of consumers in financial transactions under the various state and federal consumer protection laws. He graduated from Pennsylvania State University, with a B.S. in Crime, Law and Justice in 2000, and earned his Juris Doctor Degree from New England Law in 2005.
Mr. Dunne concentrates his practice on the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Pennsylvania Fair Credit Extension Uniformity Act, Truth in Lending (TILA), Lemon Law, breach of warranty, and consumer fraud cases, as well as, representing consumers in debt defense cases, bankruptcy and foreclosures.
Mr. Dunne is an active member of the National Association of Consumer Advocates (NACA), and the National Association of Consumer Bankruptcy Attorneys (NACBA) and the Philadelphia Bar Association (PBA).
Mr. Dunne is highly regarded throughout the legal community for his continuing efforts in helping consumers solve their financial issues. He frequently appears in local and national media discussing consumer rights issues. Mr. Dunne has appeared on Fox News, written articles for the Philadelphia Inquirer, Philadelphia Daily News and the Nation.
Mr. Dunne has been consistently voted and named one of Pennsylvania’s Super Lawyers byLaw and Politics published by Philadelphia Magazine and Pennsylvania Super Lawyer for the years 2012-2013.
You can take a few simple steps to make sure that your credit report is accurate. The six steps discussed below will help you cope with a bad credit report.
1. Correct any errors on your report. It is common to find that there is incorrect information in your credit file. You have the legal right to correct this information and should do so. Accurate damaging information is bad enough. You do not also need inaccurate damaging entries. You should send a written dispute to each credit bureau that has reported incorrect information. The credit bureau by law must investigate the entry and correct the mistakes. In most circumstances, the agency is required to get back to you with the results of the investigation within thirty days.
2. Clean up your file with the help of the creditor. Provide the creditor with whatever proof you have and try to persuade the creditor that its information is inaccurate.If a creditor does agree to delete information, it can contact the credit bureau to request its deletion. Second best, the creditor can agree not to verify its original information if asked by the credit bureau. Then, when you dispute the item, the information will not be verified on reinvestigation, and it will have to be deleted. Be sure that any agreement with the creditor to remove historical information is clear and in writing. Otherwise, creditors may not actually follow through in deleting the information.
3. Use your federal rights to remove student loan defaults. If one of the more troubling delinquencies on your credit record is a student loan default, there are certain steps you can take to remove the default notation on your credit report. Contact the loan holder and state that you want to renew your eligibility for a new loan and want a reasonable and affordable repayment plan. You have a legal right to a reasonable and affordable payment plan for this purpose. Make sure you say words similar to “I want a reasonable and affordable payment plan so that I can renew my eligibility for new loans.” These are the magic words collectors usually like to hear before they will offer you the plan. After making nine required payments and requesting rehabilitation of your FFEL loan, the loan holder must attempt to sell your defaulted loan to a lender. If your loan is purchased, you are no longer in default, the default is removed from your credit record, and a new repayment schedule is established. The main benefit of loan rehabilitation is that if you successfully complete the process, the default notation on your credit report should be erased.
4. Clean up public record information. The most damaging information on your credit record is sometimes found from public records, such as arrest, judgments, foreclosures, tax takings, and liens. The best way to remove this information from your file is to do so at the source with the government agency supplying this information to the credit bureau, and then make sure the corrected information is updated in the credit bureau’s files.
5. Delete old information. Most bad information must be removed from your report after a certain number of years, as follows:
Seven Years.
6. Send a dispute letter to all three credit bureaus.
Someone may have stolen your credit card or Social Security number and used it to obtain credit, destroying your credit history in the process. You may not even know you are a victim of identity theft until you try to get new credit or apply for a loan and are unexpectedly rejected. Identity theft is often discovered many months after the crime has occurred.
Prevention is one of the most effective ways to avoid becoming a victim. Below are some tips on how to avoid identity theft:
What to Do If You Are a Victim of Identity Theft.
According to the Federal Trade Commission, the first four steps you should take if you believe you are the victim of identify theft are:
1. Contact the fraud department of a major credit bureau to place a fraud alert on your credit report.
As soon as you make this initial report to a credit bureau and the bureau confirms your report, the other major credit bureaus will automatically be notified to place fraud alerts on your report as well. You should then automatically receive free copies of all three of your credit reports.
The initial fraud alert lasts only 90 days. In order to get an extended alert, you will have to provide additional information, including an identity theft report. This is a copy of an official report filed with an appropriate federal, state, or local law enforcement agency.
2. Contact your creditors to find out about any accounts that have been tampered with or opened fraudulently.
This includes credit card companies, phone companies, utilities, and others with whom you do business. Ask to speak with someone in the security or fraud department and follow up with a letter. You should immediately close any accounts that have been tampered with and open new ones with new PINS.
3. File a report with your local police or the police in the community where the identity theft took place.
You will need this report in order to get an extended fraud alert in your credit file and to take advantage of some of the other identity theft protections. Unfortunately, some police departments will make it very difficult for you to file a report. If you have trouble with a police department, you should keep trying and be persistent. Be sure to give them as much documentation as possible to prove your case. If you can’t get anywhere with the local police, try the state police, or the U.S. Postal Inspection Service if the mail was involved.
4. File a complaint with the Federal Trade Commission.
The FTC has a special Identity Theft Hotline (1-877-IDTHEFT), or you can file a complaint on-line at www.consumer.gov/idtheft.
Our services are 100% FREE.
We make lawbreakers pay. Abusive collectors are liable for up to $1,000 in damages, plus court costs and attorney fees.
Debt collection harassment is illegal and you can be compensated for any injury suffered. The following debt collection activities are illegal:
If you have suffered from any of these abusive bill collection practices, you may be entitled to compensation. We can help any consumer who is currently in collections, or has suffered from collection harassment. Call us today at (215) 854-6342 to speak with an attorney and get a free phone consultation on your case.
The federal Fair Debt Collection Practices Act (known as the “FDCPA”) is a consumer protection statute and was intended to permit, even encourage consumer law firms like Dunne Law Offices, P.C. to act as private attorney generals to pursue FDCPA claims.
If you suffered financial, physical, or even emotional harm from the illegal collection harassment, you might consider suing the collector. In a successful debt collection suit, you can recover all your damages, no matter how large they are. Even if you are not damaged by the illegal collection activity, you can also sue the collector for up to $1,000 plus all of your attorney fees.
On top of the $1,000, you can recover for any injuries that were caused by the illegal conduct. Courts may award damages for emotional injuries as loss of happiness, loss of energy, loss of sleep, tension headaches, crying spells and marital problems.
Where the collector’s conduct is seriously improper, you may also be able to recover punitive damages on top of your actual damages. Examples of such conduct are threats to throw you in jail, to deport you, or have your children taken away. The punitive damages are intended to punish the collector and prevent future misconduct.
Debt Collector: (Did any of these debt collectors harass you at work or home?)
ABC Financial
Absolute Credit
Accelerated Financial Solutions, LLC
Access Receivable Management
Account Control Technology, Inc.
Accounts Receivable Management, Inc.
Ace Cash Services
Advanced Collections Services
Advanced Credit Recovery, Inc.
Advantage Assets II, Inc.
AFNI, Inc.
Alliance One
Allied Interstate
Allstate Financial Services
American Adjustment Bureau, Inc.
American Credit and Collections, LLC
American Education Services
Americredit
Ameriloan
Apothaker and Associates, P.C.
Arrow Financial Services
ARS National Services, Inc.
Asset Acceptance Capital Corp.
Asset Acceptance, LLC
Asset Recovery Solutions, LLC
Associated Credit Services
Associated Recovery Systems
B & B Recovery, LLC
Bank of America
Bay Area Credit Service
Bayside Asset Recovery, LLC
BCR Bureau of Collection Recovery, LLC
Burton Neil and Associates
Byron and Davis
Cach, LLC
California Recovery Collections
Calvary Portfolio Services
Cambridge, Huxle and Associates
Capital Collection Service
Capital Management Services
Capital One
Capital Recovery Associates, Inc.
CAR and Associates
Cardworks Servicing
CashCall
CBCS Collections
Central Credit Services, Inc.
Central Financial Group
Central Select Group
Chase Auto Finance
Chase Card Services
Chase Manhatten
Chrysler Financial
Citibank South Dakota
Citizens Bank
Clayton, Myrick, McClannhan and Coulter, PLLC
Cohen & Slamowitz, LLP
CollecCorp Corporation
Collection Company of America
Collection Specialists, Inc.
Collection Technology, Inc.
Commercial Recovery Systems, Inc.
Commonwealth Financial Systems
Community Management Services
Community Surgical Supply
Consumer Portfolio Services, Inc.
Credigy Receivables, Inc.
Credit Acceptance Corporation
Credit Management Company
Credit Management, LP
Creditor’s Interchange
Creditors Financial Group
Dahlink Financial Corporation
DBF Collections
Delanore Kemper and Associates
Delta Management
Diversified Collection Services, Inc.
Eastern Asset Management, LLC
ECMC
Edwin A. Abrahamsen and Associates
Eichenbaum and Stylianou, LLC
Elan Financial Services
Encore Receivable Management
Enhanced Recovery Corporation
Enterprise Recovery System
EOS CCA
ER Solutions, Inc.
ERC, Jacksonville, Florida
Ezell Williams and Associates
Fair Collections and Outsourcing
Faloni and Associates
Falzone Law Firm
FASLO Solutions
Ferraro and Boule
Financial Accounts Services Team, Inc.
Financial Asset Management / Bank of America
Financial Credit Service, Inc.
Financial Recovery Service of Minnesota
First National Collection Bureau, Inc.
First Source Advantage
FMS Financial Solutions
Focus Receivables Management
Forster and Garbus, LLP
Franklin Collection Service, Inc.
Frederic I. Weinberg, Esq.
Frederick J. Hanna and Associates
Frontline Asset Strategies, LLC
Fulton, Friedman and Gullace, LLP
GC Services, LP
Girvin Ferlazzo, PC
Global International, Inc.
GMAC
Gordon & Weinberg
Great Seneca Financial Corp
Harrison Ross Byck, Esq., P.C.
Hayt, Hayt and Landau, LLC
Healthcare Revenue Recovery Group, LLC
Howard Lee Schiff, PC
Intelligent Collections System
Internal Credit Systems, Inc.
Investment Resolution
Irving Kaplan and Associates
J.A. Cambece Law Offices, P.C.
Jefferson Capital Systems, LLC
Key Collections
Kream and Kream
Kreppel Law Firm
Law Offices of Laurence A. Hecker
Law Offices of Alan Landa
Law Offices of Andreu, Palman and Andreu, PL
Law Offices of Mitchell N. Kay, P.C.
Law Offices of Richard Symansky
Leading Edge Recovery Solutions, LLC
London and London
LTD Financial Services, L.P.
Lustig, Glaser & Wilson PC
LVNV Funding
Lyons, Doughty and Veldhuis, P.C.
Main Street Acquisitions Corp.
Mann Bracken
Margaret Harris
Mercantile Adjustment Bureau
Merrick Bank Corporation
Midland Credit Management, Inc.
Midland Funding
Monarch Recovery Management, Inc.
MRS Associates
Mullooly, Jeffrey, Rooney and Flynn, LLP
NAFS, Inc.
Nashville Adjustment Bureau
National Action Financial Services, Inc.
National Asset Recovery, Inc.
National Commercial Services, Inc.
National Credit Adjusters
National Enterprise System
National Recovery Solutions, LLC
Nationwide Asset Services
Nationwide Credit
NCB
NCC
NCO Financial Systems
NES
North Star Capital Acquisitions, LLC
Northstar Location Services
Nu Island Partner, LLC
Nudleman, Nudleman and Ziering
OSI Collection Services, Inc.
Other
P & B Capital, LLC
Palisades Collection
PayDay One
Penn Credit Corporation
Penncro and Associates
Performance Capital Management, LLC
Pinacle Financial Group
Pioneer Credit Recovery, Inc.
Portfolio Recovery Associates
Praxis Financial Services, Inc.
Pressler and Pressler
Professional Account Services, Inc.
Professional Debt Management
Progressive Financial Services
R & B Financial Services
Randolph, Boyd, Cherry and Vaughan
Razor Capital, LLC
Receivable Performance Management
Redline Recovery Services, LLC
Reliant Capital Solutions, LLC
Remit Corporation
RGM and Associates
Richard J. Boudreau and Associates
RSI Enterprises, Inc.
Schechtman Halperin Savage, LLP
Schreiber Law Firm, LLC
Sears
Slater, Tenaglia, Fritz and Hunt, P.A.
Snap On
SRA Collections
SRS and Associates
Stark and Stark
Stock and Grimes
Stoneleigh Recovery Associates, LLC
Sunrise Credit Service, Inc.
Synergetic Communication, Inc.
Tobin and Melien
Toyota Financial Services
Toyota Motor Credit Corp.
TRS Recovery Services Inc.
Unifund CCr Partners
United Collections Bureau
United Recovery Systems
Universal Debt Solutions
Various
Valentine and Kebartas
Wachovia
Weinberg, Stanley and Associates
Wells Fargo
Weltman, Weinberg and Reis
Wilson Judgment Recovery
Worldwide Recoveries, LLC
Zucker, Goldberg, Ackerman, LLC
Zwicker & Associates
Call us today at (215) 854-6342 to speak with an attorney and get a free phone consultation on your case.
The Law Offices of Stephen M. Dunne has been designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States.
I help people free themselves from burdensome debt by filing for bankruptcy protection.
No attorney-client relationship is created by this website.
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