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Consumer law is an important part of the practice at Conley Law Office, PLLC. We are proud to be able to provide real help to working men and women in West Virginia needing urgent assistance to enforce fair debt collection practices from their creditors or to prevent banks and other lenders from instituting an improper foreclosure on their home.
Fair Debt Collection
State and federal laws control the type of conduct that bill collectors may engage in. If you dispute the existence of a debt or the amount of the debt, or even if you are just having a hard time paying off your bills on time, we can help put an end to harassing, threatening and intimidating conduct, including tactics designed to embarrass you at work or with your neighbors.
Keep in mind that laws like the Fair Debt Collection Practices Act only apply to professional bill collectors and companies that buy delinquent debt; they do not regulate conduct by the original creditor, such as a doctor’s office, retail store or Credit Card Company. Even in many cases, however, we are able to work directly with the creditor and put a stop to the harassment.
Many factors have combined to create a wave (or several waves) of home foreclosures throughout the country, including the subprime mortgage crisis, the economic downturn, and a correction in the overvalued housing market. These factors have caused people to find themselves owing more on their mortgage than their home is worth, and not being able to afford the high monthly payments due to a job loss or a reset in the loan interest rates.
The lender’s remedy to a borrower in default is to foreclose on the mortgage, which involves selling the home out from under the homeowner and applying the proceeds to the outstanding balance on the mortgage. However, there are many times when such a foreclosure is improper and our firm helps people keep their homes and raise a wrongful foreclosure defense to prevent a foreclosure or unwind a sale.
Federal laws such as RESPA and TILA (Regulation 2) require lenders to provide a good faith estimate of loan costs and make disclosures at the time of the loan regarding the true cost of the loan. Often times, these procedures were not followed, which could provide a defense to an improper foreclosure. There are also many state law acclaims which may be made, including fraud or breach of fiduciary duty by the agent, broker or lender, or requiring the bank to prove it has the right to foreclosure in a quiet title suit or other action.
Legal Experience and Ability on Your Side
Whether facing down a professional bill collector or a monolithic lending institution, it is good to know that you have an able and experienced attorney on your side, standing up for your rights and fighting to see that you are not unfairly taken advantage of. Your home and your credit are precious commodities that deserve protection. Contact Conley Law Office, PLLC for professional help with your consumer law matters.