Tennessee Foreclosure Defense

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Are you facing a foreclosure in Tennessee?  Have you been foreclosed upon in Tennessee and are now facing a unlawful detainer suit from the bank?  If so, the Tennessee Foreclosure Defense Lawyers at Barnette Law Offices may be able to help you keep your home. 

How do we accomplish this: we use the carrot and the stick.  The carrot is clients that can afford the mortgage and just need a second chance.  Do not call us if you’re foolish enough to believe “free houses” actually exist.  The stick is suing mortgage companies (and Fannie Mae/Freddie Mac) when they have violated the law.  They face money damages if we win.  They may face having to pay our hourly rate of $425.00 for every hour we work on the case.

So we use the positive (“get paid by the clients”) and the negative (“let’s try the case in front of a jury”) and if everybody will act reasonably, then the case can be settled with the foreclosure undone.

Bottom line — it may not be too late before of after a foreclosure for you to be able to avoid the foreclosure or to get rid of the foreclosure. You have to act in the right time, and you have to have the right type of case, but if you do then you certainly have the opportunity to void out the foreclosure so it will be viewed as never having happened.

If you have questions about your options in Tennessee, give us a call at 615-585-2245 or contact us at Barnette Law Offices.

Debt Collector Harassment in Tennessee

Autodialed calls and robo calls from debt collectors in Tennessee

Are debt collectors harassing you in Tennessee?  Are they calling your cell phone?  Know this: impermissible robocalls are important because they can violate the The Telephone Consumer Protection Act (TCPA). The TCPA provides wide protection against robocalls, calls using automatic dialers, and automated messages. For the most part, the TCPA comes into play when debt collectors make collection calls to consumer cell phones. If a debt collector makes impermissible robocalls to a consumer’s cell phone, the debt collector is liable for $500 per call. If it can be proven that the calls are willful, the damages are $1,500 per call.  If a debt collector such as Midland Funding, LLC, CACH, LLC, Asset Acceptance, LLC, Portfolio Recovery Associates, LLC, LVNV Funding, etc., is harassing you, contact Tennessee Telephone Consumer Protection Act lawyer Jason Barnette at Barnette Law Offices 

The trickiest part to proving a TCPA violation is the issue of consent—whether there was consent to call a consumer’s cellphone. In 2008, the FCC determined that there must be prior written consent in order to call a consumer’s cellphone. In that declaratory order, the FCC also explained that the creditor bears the burden of establishing consent, as they are in the best position to prove that.

In a more recent decision, however, a Federal Court of Appeals refined that definition, holding that consent is only given if the consumer provided their cellphone number at the time of the credit application. In addition, the application must relate to the debt that is being collected on. In other words, if you did not list your cellphone on your original credit card application, you may not have consented.

In many cases, it’s easy to prove there was no consent, because the consumer did not even have a cellphone, or their current cellphone number, when they opened the account.

Are you receiving illegal robocalls?

If you receive more four a calls a day on your cellphone from a debt collector, a debt collector may be calling you with an autodialer or computer program. If you answer a call and nobody is there, that’s another sign of an autodialer. Or if you receive voicemails from a debt collector with a prerecorded message or part of the message includes a computerized voice, you might be receiving robocalls.

As noted above, however, there is still an issue of whether you provided express consent to receive the calls.

If you think you are receiving robocalls, it’s a good idea to contact Jason Barnette and Barnette Law Offices. We can help you figure out if you are receiving robocalls, what your rights are, and what the next steps are.

HAVE YOU BEEN SUED BY A DEBT COLLECTOR IN TENNESSEE?

 

Debt collectors use the General Sessions Courts of Tennessee as a hunting ground to illegally obtain money from Tennessee consumers. This is because there are very few law firms such as Barnette Law Offices, LLC in Tennessee which will fight for consumers in Tennessee Courts.

Jason Barnette and his Tennessee Consumer Protection team at Barnette Law Offices, LLC know the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and most importantly, the Tennessee Consumer Protection Act inside and out. Tennessee Consumer Protection Attorney Jason Barnette will utilize the aforesaid Acts to fight for you against debt collectors and purchasers.

Contrary to popular belief, debt collectors and debt purchasers must prove what they allege in their Warrants in Debt. At Barnette Law Offices, LLC we attack the Affidavits debt collectors and debt purchasers try to put on as proof. They are hearsay. Moreover, we assert counter-claims on our clients behalf for violations of the FCRA, FDCPA, and TCPA. This is because debt collectors and debt purchasers always report inaccuracies on consumer credit reports, fail to properly validate debts and take misleading and deceptive acts in an effort to collect monies not justly owed to them.

Please contact the Tennessee Consumer Protection team at Barnette Law Offices, LLC at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc. We can help you defeat the suit and often times, put cash in your pocket at the same time.

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Tennessee FDCPA Lawyers

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Has a debt collector or debt purchaser contacted or sued you?  Are you a consumer in Tennessee and need to stop unlawful debt collection action taken against you?  If so, contact Tennessee Consumer Protection lawyer Jason Barnette at Barnette Law Offices to stand up for your rights.

Did you know that in Tennessee, the Fair Debt Collection Practices Act imposes a standard of conduct that debt collectors and debt purchasers such as CACH, LLC, Asset Acceptance, LLC, Midland Funding, LLC, Portfolio Recovery Associates, LLC, LVNV Funding, and many more are supposed to abide by, but often do not.  Generally, neither debt collectors  or debt purchasers  can engage in harassing, abusive or unfair practices, nor make false or misleading statements; which includes inaccurate reporting on your credit reports.  The FDCPA provides that Tennessee consumers can recover actual damages incurred by a violation of the Act, plus an additional amount up to $1,000, plus attorney fees.

Contact the Tennessee FDCPA lawyers at 615-585-2245 or info@barnettelawoffices.com

 

Tennessee FCRA Lawyer

Are you a Tennessee resident that has been denied for credit?  Do you know what is on your credit reports?  If so, are there inaccuracies?  Are these inaccuracies preventing you from getting the credit you need? 

If you live in Tennessee and inaccuracies on your credit reports contact us.  Barnette Law Offices in Nashville has helped many Tennessee consumers correct their credit reports and obtain compensation for damages they’ve incurred from the errors that had to first be corrected.  The end result could be that you have the errors corrected that you need corrected or deleted, you obtain the financing you would have absent the errors, and that you are compensated for any damages suffered.

Any Tennessee consumer has the right under the Fair Credit Reporting Act to dispute any information which is inaccurate and/or incomplete.  If such information is verified as being accurate and/or complete, the furnisher of information; i.e., a debt collector, debt purchaser, creditor directly, etc., can be held liable under the Fair Credit Reporting Act in Tennessee. 

If you are a Tennessee consumer with credit reporting problems first dispute the problems through the major three credit reporting agencies which are Equifax, Experian, and Trans Union.  If the item is verified and is still inaccurate, contact Tennessee FCRA Lawyer Jason Barnette at 615-585-2245 or info@barnettelawoffices.com. 

Sued by CACH, LLC, Midland Funding, LLC, Asset Acceptance, or a Debt Purchaser in Tennessee?

Have you been sued by CACH, LLC, Midland Funding, Asset Acceptance, or another debt purchaser in Tennessee? Think there is nothing you can do as a Tennessee consumer to defend yourself?  Well, there is something you can do to defend yourself and counter-claim Tennessee debt purchasers.

Under the Tennessee Collection Services Act, debt purchasers such as LVNV Funding, Portfolio Recovery Associates, Calvary Portfolio must have a collection license and meet other certain requirements in order to lawfully be able to sue you.  Most, if not all, debt purchasers are in violation of the Tennessee Collection Services Act because they do not meet even half of the requirements.  Indeed, CACH, LLC, Midland Funding, and many other debt purchasers in Tennessee do not even have licenses.

What does this mean, 1) Tennessee consumer lawyer Jason Barnette can get the case filed against you dismissed; and, 2) in some cases, Tennessee FDCPA and FCRA lawyer Jason Barnette can recoup damages for you against the debt purchaser that has unlawfully sued you.

If you’ve been sued in Tennessee, call us at 615-585-2245 or visit us at Tennessee FDCPA and FCRA Lawyers.

Technorati Tags: Tennessee FDCPA Lawyer,Tennessee FCRA Lawyer,Tennessee Consumer Lawyer,CACH LLC,MIDLAND FUNDING