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The Servicemembers Civil Relief Act (SCRA) Protects Active Duty Military Personnel from Foreclosure »

The Servicemembers Civil Relief Act (SCRA), signed into law on December 19, 2003, limits collection tactics and enforcement of claims against active duty military personnel.  In this post, I will discuss how the SCRA protects activy duty military personnel from foreclosure.
Section 303 (Mortgages and Trust Deeds) of the SCRA forbids non-judicial foreclosure on real property [...]

The economy is strong . . . for the repo man »

Nobody owns sarcasm the way Stephen Colbert owns sarcasm.  Responding to Democratic criticism of conservative economic policy, Stephen Colbert provides proof that the economy is in great shape.  Even in this depressing economic cloud, there’s always a (tarnished) silver lining.
When it comes to repossessing property, there are certain conditions that prevent the repo man from [...]

Debt Collector Threaten To Report You For Theft? Guess What?! That Just Might Be Criminal »

Facts:   Creditor states “if you don’t make an electronic payment over the phone right now, I will report you to the Sheriff for Theft of my goods.”   Debtor:  “No, no, I will pay you; here’s my bank information.”
Hmmmmmmm…..who should really be worried at this point?  Do you really even owe the debt?   Jay Fleischman, a New [...]

Lenders Ignore Military Protections »

The Service Members Relief Act [SCRA] is designed to prevent a person in active service to this country from being sued while on duty.  Seasoned lawyers remember this law as the Soldier and Sailor’s Relief Act.  It has been amended and rewritten over time, and there are many more specific protections but the general gist [...]

Harmless Prank or Identity Theft? Applying With False Information »

Another online site, The Consumerist, recently ran an article about Andy Fanellie being dunned by AFNI, a debt collector, for an old Verizon bill. Andy Fanelli is a Lhasa Apso dog whose owners deny that a Verizon account was ever opened by him or on his behalf (on the other hand, an American Express [...]