After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more
11/14/2019
/ Bankruptcy Code ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Bankruptcy ,
Debt Collection ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
FRCP 23(b)(3) ,
Homeowners ,
Mortgages ,
Popular ,
Preemption ,
Putative Class Actions ,
Reversal ,
Statutory Violations
The Middle District of Florida recently denied a plaintiff’s motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence to mortgagees whose debts...more
In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more