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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110369
Experience:  Attorney experienced in commercial litigation.
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I want know if any lawyer ahs recently defended and won on

Customer Question

I want know if any lawyer ahs recently defended and won on athe old Pick and pay loans from World savings and Wachovia and now Wells Fargo bought the bad debts from Wachovia in the bankruptcy so now they are coming after me this moth and Florida is rushing to get these homes out.
is there any defense for these predatory loans from the 2006 2007 era?
and mine was forged by my ex to top it off so maybe there is another way two questions actually.
if the loans were predatory shouldn't I be entitled to a refund on all the money I paid to the bank ?
and is it too late to defend a bad debt that was bought by the Wells Fargo Bank? someone has to have some recent case law or won some how recently I would Think
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is impossible for anyone here to tell you if "any lawyer has recently defended and won" because cases are reported when appealed. Normal everyday lawsuits are not generally reported and there is no way for us to know if there are attorneys out there who have sued and won.
Now, with that said, if you did not sign the loans and you can prove your ex forged your name, that is one ground to void your liability on the loan. Also, if you provide proof that the interest rate was excessive, more than 18% then that would be indicative of a predatory loan. If you prove it was predatory, what you can receive is refund of excess interest you paid, but not the principal.
Also, under FL law they have 5 years from date of last payment to collect from you. If it is beyond 5 years from last payment, you can seek to have any case dismissed based on the loan being time barred by the statute of limitations.
So you are going to have to fight this on the specific facts of your loan, but again if forgery was involved as well as excessive interest, you have grounds to fight your liability.

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