#Debt Relief Lawyer In Salem Or

[nwdrlf]

Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7 and 13…….Call our Salem bankruptcy attorneys at 971-233-4543 for more information.

[tacomabankruptcyattorney]

If you are receiving these calls after requesting that you be placed on a do-not-call list, it’s time to contact an attorney. Collection agencies and creditors are absolutely responsible for the actions of their company. Call our Salem bankruptcy attorneys at 971-233-4543 for more information.

[advertphoto]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[mayarosa47]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

from https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/foreclosure-lawyer-spanish-fork-utah

[aretia]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[melissawalker01]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/627780589383237632

[coming-from-hell]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[divorcelawyergunnisonutah]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[asafeatherwould]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ “@context”: “http://schema.org/&#8221;, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[michaeljames1221]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ “@context”: “http://schema.org/&#8221;, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/08/29/foreclosure-lawyer-spanish-fork-utah/

[gonnagoandrunwiththehorses]

Foreclosure Lawyer Spanish Fork Utah

Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.

In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.

Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.

Foreclosure Law: What Banks Can and Can’t Do

Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

What Banks Can’t Do

The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.

• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.

• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.

• The bank cannot kick you off of your property without first getting a court order and filing an eviction.

• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.

• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.

What Banks Can Do

Under foreclosure law, there are some things that the banks can do during the foreclosure process.

• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.

• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.

• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.

• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.

Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.

Federal Foreclosure Laws

While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.

Dodd-Frank Act

In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.

Soldier and Sailors Relief Act

Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.

Bankruptcy Law

A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.

Affidavits and Robo-signing

In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.

Foreclosure by Power of Sale

Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.

Foreclosure by Judicial Sale

A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.

State Foreclosure Resources

A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.

Wrongful Foreclosures

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.

Causes of Action

Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure

Injunction

Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.

Damages Available to Borrower

Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.

Why Do Wrongful Foreclosures Occur?

Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.

Impact

The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.

Avoiding Wrongful Foreclosure Actions

The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.

Spanish Fork Foreclosure Lawyer

When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-10.1

What Is Rule 506 Of Regulation D?

Loans Or Equity Investments For Your Business

Lawyer For Startup Business

Complex Divorce Issues

Meth At Hotels

{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent <a href="https://www.ascentlawfirm.com/divorce-law/" >Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }

The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/

[nwdrlf]

But can you a file for Chapter 7 after Chapter 13? While the answer is not a clear yes or no, one can easily file for Chapter 7 bankruptcy after filing for Chapter 13 bankruptcy. A reliable bankruptcy attorney in Portland can further explain the different types of bankruptcy so you can make an informed decision…

[tacomabankruptcyattorney]

I am enclosing the identities of three providers. All of these providers include courses over the phone and online.….Call our Salem bankruptcy attorneys at 971-233-4543 for more information.

[taxreliefpros]

Tax Attorney Salem MA

Have a Question? Call Us: (855) 235-0551           Toggle navigation Home About Services Contact Espanol (855) 235-0551Habla Español Tax Attorney in Salem MA Do You Need a Tax Relief Attorney?If you are seeking an IRS Tax Lawyer in Salem MA that you could trust to help you with your tax debt...

Read More

Tax Attorney Salem MA is available on Tax Relief Pros

[anthonyekoehler]

Datamax Corporation

Debt collectors like Datamax Corporation cannot harass you over a debt. You have rights under the law, and we will stop the harassment once and for all.

THE BEST PART IS…

If Datamax Corporation violated the law, you will get money damages and they will pay your attorney’s fees and costs. You won’t owe us a dime for our services. Plus, some of our clients also receive debt relief and cleaned-up credit reports. You have nothing to lose! Call us today at 888-572-0176 for a free consultation.

Who is Datamax Corporation?

Datamax Corporation is a debt collection agency based in Winston-Salem, North Carolina. With over 100 years of history since the founding of the “Winston-Salem Retail Merchants Association” in 1889, Datamax now serves multiple industries including finance, health care, municipalities, and utilities.

Datamax Corporation’s Address, Phone Number, and Contact Information

Datamax Corporation is located at 711 Coliseum Plaza Ct # A, Winston-Salem, NC 27106. The main telephone number is 800-722-2141 and the main website is https://www.datamax.com/.

Datamax CorporationLawsuits

If you want to know just how unhappy consumers are withDatamax Corporation, take a look at the lawsuits filed against the agency on the Public Access to Court Electronic Records (“PACER”). PACER is the U.S.’s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display nearly two-dozen lawsuits filed across the U.S., which typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act (FDCPA).

Datamax Corporation Complaints

The Fair Debt Collection Practices Act (FDCPA) is a federal law which applies to everyone in the United States. In other words, everyone is protected under the FDCPA, and this Act is a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things they must do while collecting debt. If Datamax Corporation is harassing you over a debt, you have rights under the FDCPA.

The Telephone Consumer Protection Act (TCPA) protects you from robocalls, which are those annoying, automated, recorded calls that computers make all day long. You can tell it’s a robocall because either no one responds on the other end of the line, or there is a delay when you pick up the phone before a live person responds. You can receive $500 per call if Datamax Corporation violates the TCPA.Have you received a message from this agency that sounds pre-recorded or cut-off at the beginning or end? These are tell-tale signs that the message is pre-recorded, and if you have these messages on your cell phone, you may have a TCPA case against the agency.

The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If Datamax Corporation took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Datamax Corporation, like most collection agencies, wants to set up recurring payments from consumers; imagine how much money it can earn if hundreds, even thousands, of consumers electronically pay them $50 – $100 or more per month. If you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did Datamax Corporation continue to take electronic payments after you told them to stop? Did they take more money from your checking account than you agreed to?  If so, we can discuss your rights and a potential case under the EFTA.

The Fair Credit Reporting Act (FCRA) works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. We’ve handled many cases in which a debt collection agency reported debt on a consumer’s credit report to obtain leverage over the consumer. If Datamax Corporation is on your credit report, they may tell you that they’ll remove the debt from your credit report if you pay it; this is commonly known as “pay for delete.”If the original creditor is on your report rather than the debt collector, and you pay off the debt, both entities should accurately report this on your credit report.

Several states also have laws to provide its citizens an additional layer of protection. For example, if you live in California, Florida, Michigan, Montana, North Carolina, Pennsylvania, Texas, or Wisconsin, you may be able to add a state-law claim to your federal law claim above. North Carolina, for example, has one of the most consumer-friendly statutes in the country: if you live in NC and are harassed over a debt, you may receive $500 – $4,000 in damages per violation. We work with a local counsel in NC and our NC clients have received some great results in debt collection harassment cases. If you live in North Carolina and are being harassed by a debt collector, you have leverage to obtain a great settlement.

How do we Use the Law to Help You?

We will use state and federal laws to immediately stop Datamax Corporation’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Datamax Corporation violates the FDCPA, EFTA, FCRA, or any state law, you may be entitled to money damages. For example, under the FDCPA, you may receive up to $1,000 in damages plus actual damages. The FDCPA also has a fee-shift provision, which means the debt collector will pay your attorney’s fees and costs. If you have a TCPA case against the agency, we will handle it based on a contingency fee and you won’t pay us a dime unless you win.

THAT’S NOT ALL…

We have helped thousands of consumers stop phone calls. We know how to stop the harassment and get you money damages. Once again: you will not pay us a dime for our services. We will help you based on a fee-shift provision and/or contingency fee, and the debt collector will pay your attorney’s fees and costs.

What if Datamax Corporation is on my Credit Report?

Based on our experience, some debt collectors may credit-report, which means one may mark your credit report with the debt they are trying to collect. In addition to or instead of the debt collector, the original creditor may also be on your credit report in a separate entry, and it’s important to properly identify these entities because you will want both to update your credit report if or when you pay off the debt.

THE GOOD NEWS IS…

If Datamax Corporation is on your credit report, we can help you dispute it. Mistakes on your credit report can be very costly: along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or even being a victim of identity theft. If you have a mistake on your credit report, there is a process to dispute it, and my office will help you obtain your credit report and dispute any inaccurate information.

REMEMBER…

If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000, and the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency will pay your attorney’s fees and costs. You won’t owe us a dime for our services. We have helped hundreds of consumers fix inaccurate information on their credit reports, and we’re ready to help you, too.

Complaints against Datamax Corporation

Here are some of the Better Business Bureau (BBB) reviews and complaints against Datamax Corporation:

“This company, which I hold no contract with nor have received services from, reported a collection account against my SSN in the amount of $103 with Transunion, Experian, & Equifax credit reporting agencies. I requested verification of the debt and account however the business failed to provide adequate proof. Considering this business does not have a contract with me for goods or services they have provided nor have they provided adequate proof I am not obligated to pay for the alleged debt.” 

“I contacted the agency to have my collections account removed from my credit report. The company did not give a logical reason not to remove the paid account. I do not understand what this collection company is gaining by keeping the information on my report.”

What Our Clients Say about Us

Agruss Law Firm has over 825 outstanding client reviews through Yotpo, an A+ BBB rating, and over 110 five-star reviews on Google. Here’s what some of our clients have to say about us:

“Michael Agruss handled two settlements for me with great results and he handled them quickly. He also settled my sister’s case quickly and now her debt is clear. I highly recommend Michael.”

“Agruss Law Firm was very helpful, they helped me solved my case regarding the unwanted calls. I would highly recommend them. Thank you very much Mike Agruss!”

“Agruss Law Firm was very helpful to me and my veteran father! We were harassed daily and even called names for a loan that was worthless! Agruss stepped in and not only did they stop harassing, they stopped calling all together!! Even settled it so I was paid back for the problems they caused!”

Can Datamax Corporation Sue Me?

Although anyone can sue anyone for any reason, we have not seen Datamax Corporation sue consumers, and it’s likely that the agency does not sue because they don’t always own the debt they are attempting to collect, and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. It’s also likely that the agency collects debt throughout the country, and it would be quite difficult to have lawyers, or a law firm, licensed in every state. However, there are collection agencies that do sue consumers; for example, Midland Credit Management is one of the largest junk-debt buyers, and it also collects and sues on debt. Still, it is less likely for a debt collector to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If Datamax Corporation has threatened to sue you, contact Agruss Law Firm, LLC as soon as possible.

Can Datamax Corporation Garnish My Wages?

No, unless they have a judgment. If Datamax Corporation has not sued you, then the agency cannot get a judgment. Barring limited situations (usually involving debts owed to the government for student loans, taxes, etc.), a company must have a judgment in order to garnish someone’s wages. In short, we have not seen this agency file a lawsuit against a consumer, so the agency cannot garnish your wages, minus the exceptions listed above. If Datamax Corporation has threatened to garnish your wages, contact our office right away.

Datamax CorporationSettlement

If you want to settle a debt with Datamax Corporation, ask yourself these questions first:

Do I really owe this debt?

Is this debt within the statute of limitations?

Is this debt on my credit report?

If I pay this debt, will Datamax Corporation remove it from my credit report?

If I pay this debt, will the original creditor remove it from my credit report?

If I pay this debt, will I receive confirmation in writing from Datamax Corporation for the payment and settlement terms?

These are not the only things to consider when dealing with debt collectors. We are here to help you answer the questions above, and much more. Whether it’s harassment, settlement, pay-for-delete, or any other legal issue withDatamax Corporation, we at Agruss Law Firm are here to help you.

Top Debt Collection Violations

Debt collection laws provide a laundry list of what collectors can and cannot do while collecting a debt. Based on our years of experience handling thousands of debt collection harassment cases, here’s what collection agencies most often do to violate the law:

Called you about a debt you do not owe.

Called you at work after you told them you cannot receive calls at work.

Left you a message without identifying the company’s name.

Left you a message without disclosing that the call is from a debt collector.

Called third-parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.

Disclosed to a third-party (family, friends, coworkers, or neighbors) that you owe a debt.

Contacted you after you said to stop calling.

Threatened you with legal action (such as a lawsuit or wage garnishment).

Called you before 8:00 AM or after 9:00 PM.

Continued to call you after you have told the collector you cannot pay the debt.

Communicated (phone or letter) with you after you filed for bankruptcy.

Failed to mark the debt on your credit report as disputed after you disputed the debt.

Frequently Asked Questions

Do I have to pay your fees and costs for helping me with my consumer rights case? We handle consumer rights cases based on a fee-shift provision and/or a contingency fee. That means either the other side pays your fees and costs, or we take a percentage of your recovery. Whether it’s a fee-shift case or a contingency-fee case, we don’t get paid unless you get paid, and you’ll never owe us a penny for our time.

What are the damages I can get under the Fair Debt Collection Practices Act? If a collection agency violates any section of the FDCPA, you are entitled to damages up to $1,000.00. You may also be entitled to actual damages if the violation caused you out-of-pocket expenses. For example, if a collection agency threatens you with legal action to induce you to pay the debt, you may be able to get your payment back as actual damages.

What are the damages under the Telephone Consumer Protection Act? You can get $500 per robocall, or $1,500 per robocall if the robocalls were willful. In any type of settlement, Defendants often pay much less than $500 per call. However, if there are 50 calls at issue, even at $250 per call, your case could settle for $12,500.00.

What type of debt is covered under the Fair Debt Collection Practices Act? Only consumer debt, such as personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets.

Does the Fair Debt Collection Practices Act apply to banks or credit card companies? Only third-party debt collectors are bound by the FDCPA. Original creditors, such as banks and credit card companies, are not bound by the FDCPA.

Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide its citizens an additional layer of protection. If you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, or Wisconsin, you have additional state-law rights.

Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans who have a mistake on their credit report? Mistakes on your credit report can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft.

What do I do if I have a mistake on my credit report? If you have a mistake on your credit report, there is a process to dispute them. My office will help you pull your credit report and dispute any inaccurate information. If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency pays your attorney’s fees and costs.  Therefore, you will not pay me a penny for my time.To speed up the process, please get a free copy of your credit report at annualcreditreport.com. You can also learn more about the FCRA and your rights at http://www.agrussconsumerlaw.com/practices/common-credit-report-errors/.

Share your Complaints against Datamax Corporation Below

We encourage you to post your complaints about Datamax Corporation. Sharing your complaints against this agency can help other consumers understand what to do when this company starts calling. Sharing your experience may help someone else!

HERE’S THE DEAL!

If you are being harassed by Datamax Corporation over a debt, you may be entitled to money damages – up to $1,000 for harassment, and $500 – $1,500 for illegal robocalls. Under state and federal laws, we will help you based on a fee-shift provision and/or contingency fee, which means the debt-collector pays your attorney’s fees and costs. You won’t owe us a dime for our services. We have settled thousands of debt collection harassment cases, and we’re prepared to help you, too. Contact Agruss Law Firm at 888-572-0176 to stop the harassment once and for all.

The post Datamax Corporation appeared first on Agruss Law Firm, LLC.

Datamax Corporation published first on https://agrusslawfirmllc.tumblr.com

[agrusslawfirmllc]

Datamax Corporation

Debt collectors like Datamax Corporation cannot harass you over a debt. You have rights under the law, and we will stop the harassment once and for all.

THE BEST PART IS…

If Datamax Corporation violated the law, you will get money damages and they will pay your attorney’s fees and costs. You won’t owe us a dime for our services. Plus, some of our clients also receive debt relief and cleaned-up credit reports. You have nothing to lose! Call us today at 888-572-0176 for a free consultation.

Who is Datamax Corporation?

Datamax Corporation is a debt collection agency based in Winston-Salem, North Carolina. With over 100 years of history since the founding of the “Winston-Salem Retail Merchants Association” in 1889, Datamax now serves multiple industries including finance, health care, municipalities, and utilities.

Datamax Corporation’s Address, Phone Number, and Contact Information

Datamax Corporation is located at 711 Coliseum Plaza Ct # A, Winston-Salem, NC 27106. The main telephone number is 800-722-2141 and the main website is https://www.datamax.com/.

Datamax CorporationLawsuits

If you want to know just how unhappy consumers are withDatamax Corporation, take a look at the lawsuits filed against the agency on the Public Access to Court Electronic Records (“PACER”). PACER is the U.S.’s federal docket which lists federal complaints filed against a wide range of companies. A search for the agency will display nearly two-dozen lawsuits filed across the U.S., which typically involve violations of consumer rights and/or the Fair Debt Collection Practices Act (FDCPA).

Datamax Corporation Complaints

The Fair Debt Collection Practices Act (FDCPA) is a federal law which applies to everyone in the United States. In other words, everyone is protected under the FDCPA, and this Act is a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things they must do while collecting debt. If Datamax Corporation is harassing you over a debt, you have rights under the FDCPA.

The Telephone Consumer Protection Act (TCPA) protects you from robocalls, which are those annoying, automated, recorded calls that computers make all day long. You can tell it’s a robocall because either no one responds on the other end of the line, or there is a delay when you pick up the phone before a live person responds. You can receive $500 per call if Datamax Corporation violates the TCPA.Have you received a message from this agency that sounds pre-recorded or cut-off at the beginning or end? These are tell-tale signs that the message is pre-recorded, and if you have these messages on your cell phone, you may have a TCPA case against the agency.

The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If Datamax Corporation took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Datamax Corporation, like most collection agencies, wants to set up recurring payments from consumers; imagine how much money it can earn if hundreds, even thousands, of consumers electronically pay them $50 – $100 or more per month. If you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did Datamax Corporation continue to take electronic payments after you told them to stop? Did they take more money from your checking account than you agreed to?  If so, we can discuss your rights and a potential case under the EFTA.

The Fair Credit Reporting Act (FCRA) works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. We’ve handled many cases in which a debt collection agency reported debt on a consumer’s credit report to obtain leverage over the consumer. If Datamax Corporation is on your credit report, they may tell you that they’ll remove the debt from your credit report if you pay it; this is commonly known as “pay for delete.”If the original creditor is on your report rather than the debt collector, and you pay off the debt, both entities should accurately report this on your credit report.

Several states also have laws to provide its citizens an additional layer of protection. For example, if you live in California, Florida, Michigan, Montana, North Carolina, Pennsylvania, Texas, or Wisconsin, you may be able to add a state-law claim to your federal law claim above. North Carolina, for example, has one of the most consumer-friendly statutes in the country: if you live in NC and are harassed over a debt, you may receive $500 – $4,000 in damages per violation. We work with a local counsel in NC and our NC clients have received some great results in debt collection harassment cases. If you live in North Carolina and are being harassed by a debt collector, you have leverage to obtain a great settlement.

How do we Use the Law to Help You?

We will use state and federal laws to immediately stop Datamax Corporation’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Datamax Corporation violates the FDCPA, EFTA, FCRA, or any state law, you may be entitled to money damages. For example, under the FDCPA, you may receive up to $1,000 in damages plus actual damages. The FDCPA also has a fee-shift provision, which means the debt collector will pay your attorney’s fees and costs. If you have a TCPA case against the agency, we will handle it based on a contingency fee and you won’t pay us a dime unless you win.

THAT’S NOT ALL…

We have helped thousands of consumers stop phone calls. We know how to stop the harassment and get you money damages. Once again: you will not pay us a dime for our services. We will help you based on a fee-shift provision and/or contingency fee, and the debt collector will pay your attorney’s fees and costs.

What if Datamax Corporation is on my Credit Report?

Based on our experience, some debt collectors may credit-report, which means one may mark your credit report with the debt they are trying to collect. In addition to or instead of the debt collector, the original creditor may also be on your credit report in a separate entry, and it’s important to properly identify these entities because you will want both to update your credit report if or when you pay off the debt.

THE GOOD NEWS IS…

If Datamax Corporation is on your credit report, we can help you dispute it. Mistakes on your credit report can be very costly: along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or even being a victim of identity theft. If you have a mistake on your credit report, there is a process to dispute it, and my office will help you obtain your credit report and dispute any inaccurate information.

REMEMBER…

If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000, and the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency will pay your attorney’s fees and costs. You won’t owe us a dime for our services. We have helped hundreds of consumers fix inaccurate information on their credit reports, and we’re ready to help you, too.

Complaints against Datamax Corporation

Here are some of the Better Business Bureau (BBB) reviews and complaints against Datamax Corporation:

“This company, which I hold no contract with nor have received services from, reported a collection account against my SSN in the amount of $103 with Transunion, Experian, & Equifax credit reporting agencies. I requested verification of the debt and account however the business failed to provide adequate proof. Considering this business does not have a contract with me for goods or services they have provided nor have they provided adequate proof I am not obligated to pay for the alleged debt.” 

“I contacted the agency to have my collections account removed from my credit report. The company did not give a logical reason not to remove the paid account. I do not understand what this collection company is gaining by keeping the information on my report.”

What Our Clients Say about Us

Agruss Law Firm has over 825 outstanding client reviews through Yotpo, an A+ BBB rating, and over 110 five-star reviews on Google. Here’s what some of our clients have to say about us:

“Michael Agruss handled two settlements for me with great results and he handled them quickly. He also settled my sister’s case quickly and now her debt is clear. I highly recommend Michael.”

“Agruss Law Firm was very helpful, they helped me solved my case regarding the unwanted calls. I would highly recommend them. Thank you very much Mike Agruss!”

“Agruss Law Firm was very helpful to me and my veteran father! We were harassed daily and even called names for a loan that was worthless! Agruss stepped in and not only did they stop harassing, they stopped calling all together!! Even settled it so I was paid back for the problems they caused!”

Can Datamax Corporation Sue Me?

Although anyone can sue anyone for any reason, we have not seen Datamax Corporation sue consumers, and it’s likely that the agency does not sue because they don’t always own the debt they are attempting to collect, and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. It’s also likely that the agency collects debt throughout the country, and it would be quite difficult to have lawyers, or a law firm, licensed in every state. However, there are collection agencies that do sue consumers; for example, Midland Credit Management is one of the largest junk-debt buyers, and it also collects and sues on debt. Still, it is less likely for a debt collector to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If Datamax Corporation has threatened to sue you, contact Agruss Law Firm, LLC as soon as possible.

Can Datamax Corporation Garnish My Wages?

No, unless they have a judgment. If Datamax Corporation has not sued you, then the agency cannot get a judgment. Barring limited situations (usually involving debts owed to the government for student loans, taxes, etc.), a company must have a judgment in order to garnish someone’s wages. In short, we have not seen this agency file a lawsuit against a consumer, so the agency cannot garnish your wages, minus the exceptions listed above. If Datamax Corporation has threatened to garnish your wages, contact our office right away.

Datamax CorporationSettlement

If you want to settle a debt with Datamax Corporation, ask yourself these questions first:

Do I really owe this debt?

Is this debt within the statute of limitations?

Is this debt on my credit report?

If I pay this debt, will Datamax Corporation remove it from my credit report?

If I pay this debt, will the original creditor remove it from my credit report?

If I pay this debt, will I receive confirmation in writing from Datamax Corporation for the payment and settlement terms?

These are not the only things to consider when dealing with debt collectors. We are here to help you answer the questions above, and much more. Whether it’s harassment, settlement, pay-for-delete, or any other legal issue withDatamax Corporation, we at Agruss Law Firm are here to help you.

Top Debt Collection Violations

Debt collection laws provide a laundry list of what collectors can and cannot do while collecting a debt. Based on our years of experience handling thousands of debt collection harassment cases, here’s what collection agencies most often do to violate the law:

Called you about a debt you do not owe.

Called you at work after you told them you cannot receive calls at work.

Left you a message without identifying the company’s name.

Left you a message without disclosing that the call is from a debt collector.

Called third-parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.

Disclosed to a third-party (family, friends, coworkers, or neighbors) that you owe a debt.

Contacted you after you said to stop calling.

Threatened you with legal action (such as a lawsuit or wage garnishment).

Called you before 8:00 AM or after 9:00 PM.

Continued to call you after you have told the collector you cannot pay the debt.

Communicated (phone or letter) with you after you filed for bankruptcy.

Failed to mark the debt on your credit report as disputed after you disputed the debt.

Frequently Asked Questions

Do I have to pay your fees and costs for helping me with my consumer rights case? We handle consumer rights cases based on a fee-shift provision and/or a contingency fee. That means either the other side pays your fees and costs, or we take a percentage of your recovery. Whether it’s a fee-shift case or a contingency-fee case, we don’t get paid unless you get paid, and you’ll never owe us a penny for our time.

What are the damages I can get under the Fair Debt Collection Practices Act? If a collection agency violates any section of the FDCPA, you are entitled to damages up to $1,000.00. You may also be entitled to actual damages if the violation caused you out-of-pocket expenses. For example, if a collection agency threatens you with legal action to induce you to pay the debt, you may be able to get your payment back as actual damages.

What are the damages under the Telephone Consumer Protection Act? You can get $500 per robocall, or $1,500 per robocall if the robocalls were willful. In any type of settlement, Defendants often pay much less than $500 per call. However, if there are 50 calls at issue, even at $250 per call, your case could settle for $12,500.00.

What type of debt is covered under the Fair Debt Collection Practices Act? Only consumer debt, such as personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets.

Does the Fair Debt Collection Practices Act apply to banks or credit card companies? Only third-party debt collectors are bound by the FDCPA. Original creditors, such as banks and credit card companies, are not bound by the FDCPA.

Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide its citizens an additional layer of protection. If you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, or Wisconsin, you have additional state-law rights.

Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans who have a mistake on their credit report? Mistakes on your credit report can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft.

What do I do if I have a mistake on my credit report? If you have a mistake on your credit report, there is a process to dispute them. My office will help you pull your credit report and dispute any inaccurate information. If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency pays your attorney’s fees and costs.  Therefore, you will not pay me a penny for my time.To speed up the process, please get a free copy of your credit report at annualcreditreport.com. You can also learn more about the FCRA and your rights at http://www.agrussconsumerlaw.com/practices/common-credit-report-errors/.

Share your Complaints against Datamax Corporation Below

We encourage you to post your complaints about Datamax Corporation. Sharing your complaints against this agency can help other consumers understand what to do when this company starts calling. Sharing your experience may help someone else!

HERE’S THE DEAL!

If you are being harassed by Datamax Corporation over a debt, you may be entitled to money damages – up to $1,000 for harassment, and $500 – $1,500 for illegal robocalls. Under state and federal laws, we will help you based on a fee-shift provision and/or contingency fee, which means the debt-collector pays your attorney’s fees and costs. You won’t owe us a dime for our services. We have settled thousands of debt collection harassment cases, and we’re prepared to help you, too. Contact Agruss Law Firm at 888-572-0176 to stop the harassment once and for all.

The post Datamax Corporation appeared first on Agruss Law Firm, LLC.