The Law Offices of Daniel C. Consuegra is a full-service creditors' rights law firm representing mortgage bankers, servicers, vendors, loan companies, debt buyers and other credit extenders. Our firm is committed to keeping our clients updated on all creditors' rights issues through customized training events and published Florida Legal Updates. Email us to find out about upcoming training events or for the latest update.
In collections every legal means is directed at collecting the debt but doing so in a professional and ethical manner. The firm is committed to results. The firm succeeds through careful compliance with the Fair Debt Collection Practices Act together with other collection laws and regulations, and using the latest technology, asset discovery methods and strategies formulated to get results. Pre-suit collections representation is available. The emphasis is on quickly resolving the case and achieving the maximum recovery for the client.
The firm is set-up to handle the collection of deficiencies. The firm has a large statewide presence and a successful record in the area of real estate foreclosure deficiencies. The deficiency debt, the difference between the amount of the foreclosure judgment and the value of the property on the date of the foreclosure sale, is often collectible. Our success in this area has helped our clients improve their bottom line.
Both wage and bank garnishments provide the creditor the means of quickly and effectively achieving recovery of the judgment debt. The firm successfully utilizes garnishments to make the client whole. Even if the garnishment does not result in the satisfaction of the debt, at the very least the judgment debtor will likely seek a settlement or otherwise resolve the debt.
Commercial litigation encompasses a broad range of civil litigation to include suits on instruments, foreclosures, landlord/ tenant evictions, title curative actions, defensive litigation, and all other business and consumer actions filed in Federal and State courts. The emphasis is on quickly prevailing in the dispute through litigation and any available non-litigation resolution to include demand prior to suit, aggressive negotiation, loss mitigation and when appropriate, mediation, or arbitration.
From its inception the firm has always represented creditors in Bankruptcy Court throughout the State of Florida. Whether your matter is in Chapter 7, 13, 11 or 12, rest assured the firm has the knowledge and experience to assist you in recovering what you are owed or your security. The firm recognizes that a bankruptcy filing can be very discouraging to the client but through aggressive representation recovery is often successful
The firm has always been a full service creditor's rights firm. This means the firm is dedicated to the recovery of property or money owed and all areas of representation to assure the creditor is made whole. In this area we also concern ourselves and represent creditors who have been sued or have claims against them by borrowers or debtors who respond aggressively to debt collection or recovery efforts.
The firm has an active and complete creditor appellate practice and understands that the preservation of the record and right to appeal can be paramount. Appeal seeks to preserve victory or reverse an unfavorable outcome. The firm is very aware that in the area of debt collections the establishing of good law and precedent can affect future recoveries. Representation in this area includes interlocutory appeals, post-trial motions and writs. Whether it is through litigation or appeals the firm is committed to protecting its clients and assuring the right result.
Foreclosures require a vast amount of knowledge of Florida law and the Florida courts, a state of the art
foreclosure platform to manage data, and attorneys and staff steeped in the nuances of foreclosure and real
property law. The emphasis is on attention to detail, accuracy, and file movement. Further the firm must be set up
to effectively communicate with the borrowers and quickly address loss mitigation opportunities to save the
property from foreclosure if the borrower is willing and able to save the home from foreclosure. Further, the firm has
experienced litigators prepared to defeat frivolous attempts to stall the case. The firm has been designated counsel
for Freddie Mac, in the retained counsel network for Fannie Mae and currently uses or has the expertise to operate
on all client foreclosure platforms.
The firm understands the urgency in recovering the client's security. Our approach is to quickly locate and preserve the collateral and acting quickly to provide the fastest and most practical means of recovery. Under the law there is available a prejudgment writ under certain circumstances and the firm also recognizes the importance of communication with the debtor when a resolution is possible.