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Consumer Law

Alabama Consumer Blog

Covers news and events dealing with consumer law in Alabama.
By M. Stan Herring

Post Frequency: 2.8/day

Last Entry: March 29, 2011 at 19:05:21

Medical Debts Can Hinder Your Refinancing

Posted on January 09, 2011
The Wall Street Journal has posted an article that discusses how even a small medical bill can lower your credit score and can even keep you from refinancing your home. Cristina Lourosa-Ricardo, writer of the article, uses the example of Jeanne White...

Debt Collectors Can Seize Safe Deposit Boxes

Posted on January 07, 2011
The Michigan Collection Law Blog has posted an article about the lesser known debt collection method of seizing a safe deposit box. Debt collectors can obtain safe deposit boxes pretty easily. Gary Nitzkin, writer of the article, says that first the collector must get the bank to admit that it has a safe deposit box under the debtor's name...

What You Can Expect At A Bankruptcy Hearing

Posted on January 05, 2011
The Birmingham Bankruptcy Blog has posted a helpful article that lists 10 things you need to know about your bankruptcy court hearing. 1. Don't expect to be seeing a judge. Instead, a "Bankruptcy Trustee" will ask you a few simple questions at the hearing...

What Does The Credit Card Accountability Act of 2009 Change?

Posted on January 03, 2011
The Arizona Bankruptcy Lawyer Blog has posted an article about the Credit Card Accountability Act that President Obama signed back in May 2009. The Act changes several credit card stipulations, and might even save people with serious credit card debt from bankruptcy, as suggested by Michael S...

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Nonprofit Groups Restore Foreclosed Houses

Posted on January 01, 2011
Associated Press has posted an article about a new development in Arizona that allows nonprofit groups to snag foreclosed houses- for free or a discount rate- before banks. Nonprofits like the group Rebuilding Together get the houses for very low cost and then do renovations or repairs and then sell the homes in an effort to stabilize Phoenix neighborhoods with several vacant homes that were foreclosed on by banks...

How Your Credit Card Can Hurt Your Credit Score

Posted on December 20, 2010
USNews has posted an article that discusses how your credit cards can actually be hurting your credit score. If you have a credit card, such as a Visa Signature, World MasterCard or Amex Charge Card, that is set to No Preset Spending Limit (NPSL) it sounds like you can charge as much as you want to...

How To Avoid 5 Common Tax Scams

Posted on December 18, 2010
Our friend Denise Richardson of givemebackmycredit.com has posted an article about the 5 most common tax scams and how you can recognize and avoid them for the upcoming tax season. 1. Phishing Phishing can come from several places, such as social networking sites, fake websites, or email addresses...

"Unfortunate Errors" Lead To Wrongful Foreclosures

Posted on December 16, 2010
Associated Press has posted an article that discusses how "unfortunate errors" by banks can lead to people wrongfully losing their homes. Michelle Conlin, author of the article, gives several examples of homeowners who had either paid for their houses in full, or weren't behind on mortgage payments, receiving foreclosure notices from their banks...

A New Variety Of Robosigning

Posted on December 14, 2010
Creditslips.org has posted an article a recent instance in Pennsylvania that is very reminiscent of robosigning. Goldbeck, McCafferty and McKeever, a PN foreclosure mill, was using people who weren't lawyers to do all the paperwork in foreclosure cases...

Banks Could Lose Millions Because Of Foreclosure Mess

Posted on December 12, 2010
Newsvine.com has posted an article that discusses how the mess surrounding the foreclosure epidemic can cause banks to lose billions of dollars, which would make the housing crisis even worse and hamper the government's various programs that are designed to keep people in their homes...

Lenders Need To Prove They Have The Right To Foreclose

Posted on December 10, 2010
The New York Times has posted an article about how many of the nation's largest banks have resumed-or are about to resume- trying to evict defaulted homeowners after the banks were forced to take the time to re-evaluate their error-ridden foreclosure documentation procedures...

Consumer Laws You Should Know

Posted on December 08, 2010
Investopedia.com has posted an article that gives a good outline of consumer laws that you need to be familiar with to protect yourself. - Warranties and Service Contracts: Almost every piece of merchandise you can buy comes with some kind of warranty that basically gurantees it will work as described...

How A Credit Score Affects You

Posted on December 06, 2010
Investopedia.com has posted an article that discusses exactly what your credit score means. A credit score is one of the most important numbers attached to a person's life and can affect everything. For example, landlords are more likely to rent to tenants with good credit scores, companies hire workers whose credit scores are better because it means they're dependable, and it determines if you can be approved for a loan for a major purchase like a house or car...

Bank of America Mortgage Modifications Vs. HAMP Modifications

Posted on December 04, 2010
Our friend Denise Richardson of givemebackmycredit.com has posted an article about one homeowner's successful fight against the system to get a mortgage modification that will benefit her for many years to come. Maria of Lexington, Kentucky says that she finally obtained a mortgage modification under the government's Home Affordable Modification Program (HAMP) plan after battling for over a year with Bank of America...

Recent Interview On Fraud In Foreclosures -- Robo-Signers

Posted on November 28, 2010
Avvo is a wonderful site to find information about lawyers and to ask legal questions. I was interviewed by Avvo about the startling revelations that mortgage companies are signing thousands of affidavits a month -- by one person -- and the affidavits are bogus in that they are not based upon personal knowledge...

Number Of Delinquent Mortgages Decreasing

Posted on November 27, 2010
The New York Times has posted an article that discusses how the actual number of delinquent mortgage payments among homeowners has actually started to decrease, even amid the foreclosure fighting that has been happening. David Streitfeld, writer of the article, says that households who were behind on mortgage payments fell during this year's 3rd quarter from 14...

How To Force Your Mortgage Company To Stop A Foreclosure In Alabama

Posted on November 27, 2010
Alabama consumers are facing foreclosures at a record pace -- some are legitimate but many foreclosures are illegal and should be stopped or undone if they have already occurred. If you are facing a foreclosure in Alabama, how can you stop it? [We'll address in a future post about how to undo a foreclosure that has already happened...

Why Do Collectors Harass You Over A Small Debt Even If You Don't Owe It?

Posted on November 26, 2010
You are shocked to find out there is a bogus collection account against you for a hundred bucks. Or it is legitimate but the collection agency collectors are harassing you over this. They are calling your neighbors or leaving illegal voicemails, etc...

Chapter 13 Bankruptcy Can Cover Two Mortgages

Posted on November 25, 2010
The Bankruptcy Law Network has posted an article that discusses how it's possible for you to do away with both a first and second mortgage on an underwater home by filing for Chapter 13 bankruptcy before the home is sold as a foreclosure. Once the first mortgage company takes the property, the lender of the second mortgage can choose to sell the debt to a collection agency who can then harass the homeowner or file a lawsuit or a 1099 form with the IRS...

National Credit Solutions And Movie Gallery Debts

Posted on November 24, 2010
Many Alabama consumers are shocked to learn, in the last several months, that their credit reports have been trashed by a collection account with National Credit Solutions, a collection agency out of Oklahoma. The amount is usually around a hundred dollars and it is allegedly for a Movie Gallery rental...

Alabama Case Filings -- United Recovery Systems, LP Sued For FDCPA Violations

Posted on November 23, 2010
Debt collectors must give the appropriate disclosures when leaving voicemails which means, among other things, that the collection agency must inform the consumer that the call is "from a debt collector" and that the call is "an attempt to collect a debt...

Alabama Wrongful Foreclosures -- How The FDCPA Can Help You

Posted on November 23, 2010
How Does The FDCPA Apply To Foreclosures? The Fair Debt Collection Practices Act (FDCPA) is a powerful federal law that applies to debt collectors. So how is this relevant to foreclosures? If the mortgage servicer, or the owner, or the foreclosure lawyer are debt collectors under the FDCPA, and if you are dealing with your personal residence, then the FDCPA may apply and give you some powerful protection and tools to fight back against wrongful foreclosures...

"Erroneous Foreclosures"

Posted on November 23, 2010
CreditSlips.org has posted an article about what Alan White, author of the article, refers to as "erroneous foreclosures." It's generally assumed that when a homeowner goes into foreclosure that they are behind on their mortgage, so shouldn't they have seen the foreclosure coming? The answer to this question comes in two parts: 1) No...

How To Not Beat A Default Judgment In An Alabama Collection Case

Posted on November 22, 2010
Sometimes we learn by understanding the right way to do something. Sometimes we learn by avoiding the wrong way.... When we are talking about a default judgment from an Alabama collection lawsuit, here are some of the wrong ways to overturn a default judgment: 1...

Lenders Using Extra Information From Credit Bureaus

Posted on November 21, 2010
The California Credit Law Blog has posted an article, originally from the Wall Street Journal, that discusses how credit bureaus are collecting extra information on consumers with the intent to sell the information to banks and/or other potential lenders...

Video - How Important Is It To Answer The Alabama Collection Lawsuit On Time?

Posted on November 21, 2010
If you have been sued by a debt collector/debt buyer in Alabama court, is it important to answer the lawsuit in time? Does it matter if you are a few days or a few weeks late? You can receive our free report on The Five Secrets Debt Buyers Don't Want You To Know About When They Sue You In Alabama by filling out the form below...

Video - Should You Answer An Alabama Debt Collection Suit By Saying You Don't Have Money Or A Job?

Posted on November 20, 2010
Sometimes Alabama consumers who have been sued answer the lawsuit by saying "I don't have a job" or "I don't have any money." We do not recommend this. Watch this video to find out why: You can receive our free report on The Five Secrets Debt Buyers Don't Want You To Know About When They Sue You In Alabama by filling out the form below...

Video - What Happens To Your Credit Reports After You Beat The Debt Collection Lawsuit?

Posted on November 19, 2010
You get sued by a debt collector (debt buyer) such as Asset Acceptance, Arrow, Cavalry, LVNV, Midland, Unifund, etc. You win your case in an Alabama court. Now what happens to your credit report? The debt buyer that sued you must remove the tradeline (for that account) off of your credit report because, under Alabama law, you don't owe the money if you received a verdict or a dismissal with prejudice...

Loan Modifications Causing Foreclosure?

Posted on November 18, 2010
Associated Press has posted an article that discusses how loan modifications have been pushing some homeowners to foreclosure. Jacob Adelman, writer of the article, cites the example of Mr. and Mrs. Casco, of Long Beach, CA, who weren't behind on any mortgage payments and were offered a reduced payment plan by their bank, JPMorgan Chase...

Would You Take Out A Second Mortgage To Pay Your Foreclosure Lawyer?

Posted on November 16, 2010
The New York Times has posted an article about the steep price some homeowners are paying to avoid foreclosure. Some homeowners in Florida have taken out a second mortgage on their home to pay for their foreclosure defense lawyer. The new second mortgage doesn't take effect until after the foreclosure has been dismissed...

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