Consumer Center

Mortgage Foreclosure Surplus Funds Claim

February 12, 2017 by Consumer Center

You might have a mortgage foreclosure surplus funds claim when you sell your house through a foreclosure sale.

When you fall behind on your mortgage, your lender may initiate the steps to foreclosure on your home or property and sell it at a public auction. The proceeds from the sale go towards paying off the mortgage.

If your home was just sold at a foreclosure, then you probably weren’t expecting any money after your home sold. In fact, you may have heard that you might owe the bank money. While that might be true if your home sold for less than the mortgage amount, what happens if your home is sold for more than you owe on it?

Most homeowners are surprised to learn that they might be entitled to monies after a foreclosure if the home is sold for more than the loan. If you still have equity after a foreclosure, the funds

belong to you—the original homeowner—not the bank.

What are Surplus Funds?

Sometimes a lender may set the starting bid at the auction for the mortgage plus additional interest. If a home is sold for more than the balance of the mortgage loan, the difference is called surplus funds.

Just as homeowners are required to pay lenders after a foreclosure if the sale does not cover the mortgage, banks must return surplus funds to owners if the property brings more than the amount still owed on the loan. You may be entitled to the entire amount of the surplus if you are the previous homeowner. However, to recover the surplus funds, you must act within a certain period. If you fail to take action during the time specified by the state, then you will lose the right to the funds.

If no surplus money claims are filed by the homeowner, then other parties, such as the second mortgage holder, tax lien holder or credit card lienholder, may file the claim. When a claim for surplus funds is filed, the court will set a hearing to determine who is entitled to the funds. Typically, subordinate lien holders get access to surplus funds first and then the balance goes towards paying the second mortgage if there is one. If there are any remaining funds after all lien holders have been paid, you will be obligated to that surplus. After one year, unclaimed surplus funds are treated as unclaimed property and usually go to the local or state unclaimed monies division.

If you believe that the bank will notify you of excess funds, then you are wrong. Banks don’t usually go out of their way to tell consumers about surplus funds. Often these funds go unclaimed as many homeowners either don’t know that they are entitled to money left over after a foreclosure or are too stressed after the fact to investigate whether or not there is any funds leftover. Going through a foreclosure is an emotional process. Most people just figure that the house will be sold for what they owe or less.

Although the court is required to try to notify the previous owner of records of extra funds, the court clerk may not have a forwarding address for the former homeowner, so sometimes the notification falls through the cracks. In fact, back in 2011, NBC 5 Chicago reported back that roughly $16 million in mortgage surplus funds were just sitting at the Clerk of the Circuit Court of Cook County. These funds were sent to the Clerk because they weren’t claimed by homeowners.

It is worth it to recover surplus funds after a foreclosure. These are monies that are owed to you by the bank. It is up to you to be informed, track and recover surplus funds.

Recovering Surplus Money

Recovering surplus funds can be complicated as there is lots of paperwork involved in the process. To receive foreclosure surplus funds, a systematic procedure must be followed. There are multiple hoops to jump through, and you must file the paperwork within certain deadlines to recover the funds. Plus, you must make filings with the court and attend a hearing. This is why you need an experienced attorney that is familiar with recovering surplus funds.

A surplus funds recovery attorney can help you determine how much money is owed to you by the trustee. They can guide you through the entire process of recovering surplus monies. However, don’t wait to talk to a lawyer as there is only a limited amount of time to file surplus funds claim after a foreclosure.

Get Free Legal Advice for Mortgage Foreclosure Surplus Funds Claim

If you believe that you might be entitled to a surplus of funds, contact the Consumer Center for Resources right away at (818) 697-4295. We connect consumers to lawyers for free legal advice and guidance so that you can claim surplus funds that are rightfully yours.

We Help Car Buyers Sue Car Dealers for Auto Fraud

February 12, 2017 by Consumer Center

Call For FREE Legal Advice: (818) 697-4295

Free Case Evaluation. Consult with an Auto Fraud Attorney for Free!

We help car buyers sue car dealers when the car dealers commit to the following auto fraud:

♦ Hiding or failing to disclose prior accidents

♦ Hiding or failing to disclose prior engine defects and major repairs

♦ Hiding and failing to disclose prior use as a rental car

♦ Hiding and failing to disclose prior frame damage

♦ Selling the vehicle for more than the advertised price

♦ Deferred down payment

Get Help – Get Your Case Evaluate by an Auto Fraud Attorneys for Free

At Consumer Center for Resources, we connect consumers with Auto Fraud Attorneys who have years of experience and who are dedicated to helping you pursue your case against your car dealer. Our recommended lawyers have filed lawsuits against car dealers for hundreds of clients and have been able to get a great result under the Federal and State consumer laws.

Many car buyers do not even realize that they have been a victim of auto fraud and do not always understand the issues that make their case strong. When you believe that you might be a victim of auto fraud, it is always best to consult with an auto fraud attorney right away.

In a case involving auto fraud, consumers may sue the dealer, get out of the contract, and recover damages. Experienced attorneys can quickly evaluate your purchase contract, help you gather evidence against the dealer, and fight for your rights to get your money back and get out of the contract.

Our focus is connecting consumers with the best legal counsel available. Our attorneys provide free legal advice to evaluate a claim and usually point out many signs of fraud to build a case against and deceptive car dealer.

If you believe that you have been ripped off by a car dealer, contact the Consumer Center for Resources for a free consultation today. We connect buyers with lawyers who handle auto fraud cases on a contingency fee basis, so they only recover if you recover.

Experienced auto fraud attorneys help buyers to get out of illegal contracts, replace or repurchase the right vehicle, and return the car to get their money back under California consumer laws. If you think you have been ripped off by your dealer, contact us now for immediate help (818) 697-4295

Debt Collection Abuse – How to Finally End Calls From Debt Collectors

January 24, 2017 by Consumer Center

Many people experiencing financial hardship have been victims of debt collection abuse. Debt collection abuse is anything a creditor does to coerce, threaten, or harass someone into paying off a debt. Thankfully there are laws and policies in place to protect people from this unfair and threatening practice.

We have a network of attorneys who are experienced in ending annoying calls from debt collectors. Call (818) 697-4295, and we will connect you with an attorney for a FREE consultation!

Unwanted Phone Calls Can Lead to Harassment

Harassment from debt collectors can come in many forms, but the most common is through unwanted phone calls. If you have fallen behind on your bills, missed a few payments, or completely forgotten to pay your bills altogether, you will most definitely begin to receive phone calls from the companies or financial institutions to whom you owe money.

During these phone conversations, they will be asking you to resolve the unpaid debt immediately through either payment of the money owed in full or setting up payment arrangements. When these unwanted phone calls escalate into harassment, you have the right to put an end to them.

Follow these steps in order to end those unwanted phone calls:

Collect as much information as you can about the debt in question, such as the person’s name, date of birth, social security number, or address.
Report these harassing calls from debt collectors to any of the following organizations – the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau, the Association of Credit and Collection Professionals, or you may also contact your state Attorney General’s office.
Record all or as many of these harassing phone calls as you can. This will be helpful, along with collecting the above information, for any future legal decisions.
Save any letters, notices, or e-mails you receive regarding the debt in question.
Find an attorney who specializes in suing debt collectors. This does not mean you have to sue, but the attorney can assist you by providing the information you need in order to make the best decision.

Unlawful Practices Prohibited by the FDCPA

How do you know if you are a victim of debt collection abuse? The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from these unfair practices. Below are examples of various FDCPA violations:

Profane and threatening language
False statements in order to intimidate you
Adding fees, charges, or interest that is not a part of the original credit agreement
Claiming to be someone else, such as an attorney or a law enforcement officer
Threats to arrest you, garnish your wages, or seize your property
Claiming you owe more money than you actually do
Making statements that legal action will be taken against you

An FDCPA attorney can help you discover your rights as a victim of debt harassment calls. As a victim of these harassing phone calls, you do have the right to sue and recover fees for damages incurred. Types of damages include physical, emotional, stress-related, loss of wages from being harassed at work, and any attorney costs and fees.

End Debt Collection Abuse Calls – Speak With an Attorney

Don’t wait to stop calls from debt collectors. The longer you wait, the easier they think it is to call you again.

You will want to find a Fair Debt Collection attorney you trust; someone who truly cares about your situation. Our partnered attorneys will listen to your experience and advise you according to your circumstances.

Call us at (818) 697-4295 to be connected to an FDCPA attorney. The consultation is FREE!

How to Recognize Auto Fraud – Auto Fraud Attorney

January 18, 2017 by Consumer Center

There are many ways that dealers rip off buyers. It is common, and illegal, for dealers to run advertisements and then sell cars for more than the price in the ad. Dealers also commonly hide frame damage from prior accidents; selling unsafe cars and telling buyers that the car is in good condition. When a dealer does not disclose the defective condition of the car to you at the time of the sale; knowing that there was prior damage done to the car, the sale is illegal.

The same is true when a dealer knows that a car needs repairs and tells the buyer that it runs great. A car sold with a known defect could require a substantial amount of expensive repairs. It is illegal when the seller hides any problems that the car has at the time of the sale.

In most cases, if you go back to your dealer alone and ask for a refund, they will refuse to help, making it a case of “Buyer Beware”. In order to avoid these situations, it is best to seek the help of an auto fraud attorney who can take steps on your behalf and get your money back.

Profit Drives Auto Fraud

There is a wide variety of dealership scams, mostly designed to make sure that the dealer makes as much money as possible in every transaction.

Auto fraud hurts consumers both in terms of safety and costs. Fraudulent dealership practices force individuals to spend thousands on repairs every year. Far too often, consumers find out that their car is dangerous when an accident occurs. Most auto dealership fraud cases are not detected until long after the sale, but an auto fraud attorney can still help.

Auto dealers are required to follow strict rules and regulations laid out by the State and Federal government. Dealers often disregard consumer laws and focus on profits. If you believe that your dealer has ripped you off, it is best to hire an experienced auto fraud lawyer to enforce your rights as a consumer.

An Auto Fraud Lawyer Cancels Bad Contracts

There are many flags that signal a bad auto purchase contract [RISC]. The condition of the vehicle and price must be clearly mentioned in the contract at the time of purchase.

A vehicle lawyer has experience reviewing contracts to quickly spot the most common issues that make the contract bad. For example, the contract must be in the buyer’s native language and the negotiations must be conducted with a translator when it is clear that there is a language gap. The seller must provide disclosures to make it very clear about the condition of the car; whether it was in a prior accident, whether it was used as a rental, whether it is still covered under a warranty, if there are any known problems with the car or the engine, etc.

Auto Fraud Includes Warranty Fraud

Auto dealers make a lot of money on after-market warranties. Dealers sometimes misrepresent total miles covered by a car with odometer tampering malpractices. This surfaces when a dealer says that the car you are purchasing has warranty coverage under the original manufacturer’s warranty, but the records show that the mileage caps have already been exceeded.

When your car needs repair, you discover that warranty coverage has expired. So, you have to spend money from your own pocket to ensure repair works. When you hire a vehicle lawyer, he or she will file a lawsuit against your dealer and you can get your money back.

A Car Lawyer Can Speed up Trial Procedures

Our partner experienced auto dealer fraud attorney has handled many cases in the past. They have the necessary experience for taking your case to court and getting your money back. The dealer fraud attorney will immediately evaluate your case based on the documents you signed, and they handle all legal procedures to move your case forward. Auto Lawyers know the right ways of handling a fraud case and they aggressively advocate on your behalf to get your money back.

Lawyer for Car Dealership Fraud At Your Service

Our partner lawyers are here to help if you believe that you are a victim of auto fraud and you want to take legal action against a dealer. When you hire a lawyer for car dealership fraud, they will do all the necessary research on your behalf and handle all the legal filings and appearances.

If you believe that you have paid more than the advertised price, or that your dealer lied to you, you may have an auto fraud case, and you should contact an auto fraud attorney. When we refer you to an auto fraud attorney, they will take up your issue and file a lawsuit to cancel a bad contract and seek compensation for the money you paid. Call us today to speak to the best car fraud lawyers in Los Angeles.

Mortgage Fraud Schemes Homeowners Fall Victim To

November 20, 2016 by Consumer Center

It seems like almost every day, Americans are being kicked out of their homes because of lenders illegal, reckless or fraudulent actions. Desperate homeowners who don’t want to lose their homes are easy prey for mortgage companies.

If you were duped by an unscrupulous lender or company, you are not alone. Thousands of homeowners are scammed each year. Just this year, mortgage giant Bank of America was ordered to pay $46 million in wrongful foreclosure case involving dual tracking. The judge called the Bank of America’s behavior “heartless” and “brazen.” The judge also said that the bank displayed “dishonesty” and “institutional obstinance” when it improperly foreclosed on a couple’s home. The ordeal was so unbelievable for the homeowners that the judge described it as a “Kafkaesque nightmare.”

Many homeowners don’t even know that they have been duped by their mortgage company. However, fraud can occur throughout many different parts of the foreclosure process. It is more common than most people realize. Knowing about the most common mortgage fraud and knowing your rights when it comes to foreclosure is important to protect your home from wrongful foreclosure.

Mortgage Scams

Dual Tracking

This type of Loan Modification Fraud happens when a mortgage company or loan servicer moves forward to foreclose on a homeowner while they are being considered for a loan modification. Federal laws were enacted in 2014 that forbid mortgage companies to foreclose on a borrower while they are working out a loan modification. This crime is particularly challenging for homeowners because they are given a false sense of security that they will get help from the bank—while the bank is just moving forward to foreclose. Banks can be held liable for this practice. There are strong protections in place for homeowners that are victims of dual tracking.

If you believe that you might be a victim of dual tracking and your lender foreclosed on your home, contact an experienced mortgage lawyer today to find out if you are eligible for compensation.

Not Following Federal Home Modification Guidelines

The Home Affordable Refinance Program both have concrete guidelines that lenders must strictly follow. Many homeowners have been forced into foreclosure because banks fail to follow the rules. For example, mortgage companies will routinely tell borrowers that they cannot apply for loan modification programs if they are current on their mortgage. They may even encourage the homeowner to fall behind on payments to qualify, which can lead to disastrous results like damaged credit scores and tons of penalties and fees.

Balloon Payment Fraud

A balloon payment is a large lump sum that is due at the end of the loan term. Sometimes, lenders will tack on huge balloon payments, especially when doing loan modifications. This practice is illegal. All lenders must disclose the full terms of the loan in writing.

Wrongful Foreclosure Lawyer – Free Legal Advice

If you know or believe that you are facing wrongful foreclosure, talking to a wrongful foreclosure lawyer is the first step in getting justice for you and for others who have been affected. A foreclosure lawyer will be able to assess your situation and come up with the best way to move forward on your potential case.

Call us at (818) 697-4295 and we will connect you with a Los Angeles mortgage lawyer. They give professional legal advice for FREE!

Stop Debt Collector Calls – Speak with an FDCPA Lawyer

October 24, 2016 by Consumer Center

Many people with medical, loan or credit card debt have suffered humiliation, harassment and verbal abuse at the hands of debt collectors. Going through a financial hardship is difficult enough as it is without having to deal with bullying and unfair collection tactics by debt collectors. You will see how you can stop debt collector calls in this article.

Debt collectors unfairly target many consumers for money that they don’t even owe. Recently widowed, Lynn Dingwall suffered harassment from a debt collector for months. According to Fox News Kansas City, the debt collector called Dingwall’s home telling her that she owed $10,000 for a credit card bill. Dingwall said that the credit card debt was not hers, but she couldn’t get the collector to stop harassing her. The collector was relentless.

Finally, Ms. Dingwall told her son what was happening. He wrote a letter to the debt collector and informed them that the debt did not belong to his mother. Dingwall’s son asked them to stop bothering her. Rather than stop harassing Ms. Dingwall, the debt collector sued her.

Dingwall’s lawyer proved that the debt was not hers. It belonged to her late husband and was in his name only. The two had completely separate finances. Right after her husband passed away, the collector took her husband’s name off the account and put it in Ms. Dingwall’s name.

At court, the collector could not say why that happened. The collector lost the lawsuit, and Ms. Dingwall countersued them for violating the Fair Debt Collection and Practices Act for going after her for a debt that she did not owe.

How To Stop Collection Calls

As the above story illustrates, consumers have rights when it comes to debt collection. Debt collectors must abide by specific laws. If they violate a debtor’s right, they could be sued in court for FDCPA violations.

The attorney in the above case told Fox News that most consumers don’t know how to stop collection calls because they don’t know the law. The collectors will go to extreme lengths to bully consumers into paying money—sometimes even frivolously suing them.

Many consumers lose against the debt collectors because they don’t even appear for their court date. However, debtors have rights. The FDCPA Laws state that debt collectors cannot harass, threaten, bully, humiliate or oppress debtors.

Here are some of the things that debt collectors cannot do when attempting to collect a debt:

Harassing you – Debt collectors cannot repeatedly call you. They cannot threaten violence or use obscene or abusive language.
Threatening to arrest you if you do not pay the debt.
Attempting to collect a debt that you do not owe.
Calling you before 8 AM or after 9 PM.
Threatening to harm you in some way if you don’t pay.
Continuing to call you after you tell them in writing to stop.
Calling you at work once you have told them that you cannot take calls at work.
Calling you directly if you are represented by an attorney.
Lying to you or deceiving you in some way. For example, telling you that they are a police officer.
Threatening to report false information on your credit report.
Threatening to sue you if they don’t have any intention of doing so.

Dealing With Debt Collectors

Do debt collectors keep calling you? Are you wondering what you can do? If you have fallen victim to a debt collector that is using harassment calls or threats to intimidate you into paying, there are things that you can do to put an end to the bullying.

Understand your rights – You have important rights under state and federal laws. It is essential to talk to an FDCPA lawyer if you do believe that you are being harassed by a creditor. An attorney can help you understand your legal rights.
Don’t ignore the calls – Your first thought might be to ignore debt collectors if they are calling day and night. However, that won’t make the problem go away.
Ask them to verify the debt – If you don’t believe that the debt is yours, ask the collector to send you written verification of the debt. They are required to do this per federal guidelines.
Write a letter – Send a written letter telling the collector to stop calling you. After you send the letter, the collector must stop calling you. This will not make the debt go away, but it will keep the collector from harassing you over it.

Talk to an FDCPA Lawyer Today – Stop Debt Collector Calls

If you are being harassed or threatened over a debt, talk to an FDCPA lawyer today. At Consumer Center for Resources, we connect people to attorneys for legal advice.

Call us at (818) 697-4295 to be connected to an FDCPA lawyer today. The consultation is FREE!

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