Diane talks about bankruptcy, Arizona laws, and more…

Download the audio LAWGITIMATE Attorney Diane Drain and Bobby Zavala with University of Dubuque Diane Drain established her law firm in 1991 in order to provide education for those facing financial troubles. She believes that basic legal advice should be free and her commitment is to help her clients get their lives back [...]

Holding: Statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. […]

Jury punishes OCWEN/U.S. Bank National for atrocious record-keeping (this is not the first time OCWEN has been exposed for intentional malice) Ms. Saccameno filed a chapter 13 bankruptcy to save her home.  She followed the chapter 13 plan and brought the mortgage current, ultimately receiving her hard-earned discharge.  Life should have been great, but OCWEN/U.S. [...]

$59 million dollar judgment for deliberately scheming to evade the law and cause harm to their clients The Mortgage Law Group, LLP d/b/a The Law Firm of Macey, Aleman & Searns, Consumer First Legal Group LLC, Thomas G. Macey, Jeffrey J. Aleman, Jason Searns, and Harold E. Stafford UPDATE Feb 5, 2024: From Consumer Financial [...]

The goal of a predatory loan (such as payday loans) is to trap the borrower in a nightmare of never ending debt.  The lenders know that no one is watching or, in some cases, cares that the poor are prayed upon by these unscrupulous lenders.

CFPB GOES AFTER STUDENT LOAN DEBT RELIEF COMPANIES FOR DECEPTIVE PRACTICES Who is the Consumer Financial Protection Bureau (CFPB) suing? They are: Consumer Advocacy Center Inc., which does business as Premier Student Loan Center; True Count Staffing Inc., also known as SL Account Management; and Prime Consulting LLC, which is known as Financial Preparation Services. [...]

New rule removes interest rate limits on subprime and payday lenders According to an article in Credit Slips, posted by Adam Levitin, the Trump administration has just proposed a rule that declares open season on consumers for subprime lenders. The Office of Comptroller of the Currency and the Federal Deposit Insurance Corporation have released parallel [...]

Dealing with debt collection issues can be challenging—especially when you’re not sure if the person contacting you is a legitimate debt collector or someone trying to scam you. […]

Because of scams payday loans are on the way out, but installment loans have taken their place Payday loans usually have a very short period to repay – typically a lump sum payment in a few weeks. The interest rates are sometimes upwards of 700-800%.  Many times the borrower has to take out another loan [...]

Vehicle defaults is the next financial crisis (after the mortgage crisis) According to the Wall Street Journal 33% of vehicle loans are upside down (meaning the vehicle is worth less than the debt).  Borrowers trade-in vehicles with existing loans, finance a new vehicle and carry over the debt from the old vehicle.  This results in [...]

COLLECTION COMPANIES AND CREDITOR LIE TO BORROWERS ABOUT THE IMPACT OF BANKRUPTCY ON THEIR CREDIT A creditor has no right to come into your home… For more than three decades I have heard horror stories spread by collection companies and creditors about bankruptcy and a credit score.  First, always consider the source – collection agents [...]

(reprint from FTC) Starting October 31, 2019, many members of the military will have access to free electronic credit monitoring, which can help them spot identity theft. […]

Never pay upfront for “help” with your student loans Student loan trap According to the Federal Trade Commission (FTC) scammers stole millions from innocent student loan borrowers who were doing their best to workout their student loans.  These sleazes lied to innocent borrowers, saying that for $1,000 upfront, they could permanently reduce or [...]

Disable Vet’s Income Not Offered Any Protection in Bankruptcy – until now! It only took 15 years, but Congress finally decided that disabled vets should have some of the same protection as those on Social Security. In 2005 Congress changed how those on Social Security would be treated in bankruptcy, but ignored disabled vets. The [...]

Debt isn’t fun at any age, but it can be especially scary for senior citizens. Seniors normally don’t have regular paychecks coming in, and the bulk of their income may comprise of Social Security checks. They’re often dealing with life changes such as retirement or medical issues. All of the sudden, they have less money [...]

Wells Fargo Caught in Illegal Actions AGAIN, this time Against Members of the Navajo Nation  “Wells Fargo’s predatory actions defrauded and harmed the Nation. We held Wells Fargo accountable for their actions, and we will continue to hold other companies accountable if their business practices do not respect our people—this puts other companies on notice [...]

Can a debt come back from the dead? Yes, it is referred to as a ‘zombie debt.’ Most states have ‘statutes of limitations’ that control the creditor’s or collection company’s rights, including whether they can sue on a debt. How is a debt revived? Collection companies will do anything in their power to revive a [...]

ITT Accused of Unfair, Deceptive and Abusive Acts or Practices The Consumer Financial Protection Bureau (Bureau) proposes settlement with ITT Educational Services, Inc. — ITT engaged in unfair and abusive practices in connection with its private loan program in violation of the Consumer Financial Protection Act of 2010. ITT Knew Students Could Not Afford and [...]