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Debt Collection Foreclosure

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Court Rules Eviction Proceedings are Not Debt Collection under FDCPA

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The United States Court for the Western District of Virginia recently granted a foreclosure firm’s motion to dismiss on the grounds that the firm’s representation of a lender did not violate the Fair Debt Collection Practices...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Guidance to Protect Homeowners from Zombie Mortgages

On April 26, 2023, the CFPB issued an advisory opinion, which reiterated that the FDCPA and Regulation F prohibit certain debt collectors from suing to collect on debt or threatening to foreclose on homes with mortgages past...more

Shipkevich PLLC

CFPB Issues Advisory Opinion on Debt Collection Practices

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On April 26, 2023, the Consumer Financial Protection Bureau (CFPB) released an advisory opinion to clarify that it is against the law for a debt collector to sue or threaten to sue in order to collect a time-barred debt, as...more

Troutman Pepper

Federal District Court Dismisses Plaintiff’s FDCPA and FCCPA Action as Time-Barred — Holds Subsequent Filings Made in Foreclosure...

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A federal district court in the Middle District of Florida recently dismissed a pro se plaintiff’s Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) action as time-barred because...more

McGlinchey Stafford

Is My FDCPA Claim Timely? - McGlinchey Commercial Law Bulletin - March 14, 2023

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Ohio- Statute of Limitations Under FDCPA- Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023). In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more

Saul Ewing LLP

New York Clears Up What Can Be Included in a Pre-Foreclosure Notice

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On February 14th the NY Court of Appeals held that including additional information, such as bankruptcy disclosures, debt collection disclosures and service members' disclosures, in a 90-day preforeclosure notice is...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts reaches settlement in unfair debt collection and mortgage servicing matter

On December 22, the Massachusetts attorney general announced a settlement with a South Carolina mortgage servicer to resolve claims that it allegedly failed to assist homeowners avoid foreclosure and engaged in unfair debt...more

Kaufman & Canoles

Consumer Finance Client Alert – Reverse Mortgage Foreclosure Attack Survived Dismissal in the Rocket Docket, with Novel Claim of...

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United States District Court, E.D. Virginia (Richmond Division, The Honorable David J. Novak) MARY HILL, Plaintiff, v. NATIONSTAR MORTGAGE LLC, d/b/a CHAMPION MORTGAGE, LLC et al., Defendants. Civil No. 3:22cv108...more

Burr & Forman

Second Circuit Affirms Dismissal of FDCPA and FCRA Claims Finding Collection Efforts Proper Despite Plaintiff’s Dismissal from...

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In Macris v. Specialized Loan Servicing, LLC, 2022 WL 16727611 (2d Cir. Nov. 7, 2022), the Second Circuit upheld summary judgment for a mortgage servicer, holding that the plaintiff could not pursue claims under the Fair...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

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Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 8, 2022

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Real Property Update - Foreclosure / Bankruptcy: Trial court erred in entering final order precluding defendant from raising any defenses in foreclosure action based upon surrender in bankruptcy because (i) debtor only...more

BCLP

New SDNY Order & Legislative Developments Potentially Impacting New York Foreclosure & Debt Collection Proceedings and Judgments

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The Southern District of New York has granted a preliminary injunction prohibiting state officials from implementing or enforcing retroactive applicability of recently passed legislation (S.B. 5724A, 244thLeg. Sess., c. 831...more

Farrell Fritz, P.C.

An Interesting Tale of New York’s One-Action Rule

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As mortgage loan transactions continue to become increasingly complex, lenders often worry about the remedies they have if borrowers fail to live up to their obligations. In the event of a default, lenders have the choice...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 18, 2022

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Foreclosure / Statute of Limitations: Subsequent owner of property, which purchased property at homeowners association's junior lienholder foreclosure, took the property subject to successor mortgagee's ongoing rights, which...more

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

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Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 22, 2021

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Real Property Update - Foreclosure / Dismissal: Trial court erred in relying on judicially noticed records from a prior foreclosure action in dismissing foreclosure complaint – Bayview Loan Servicing, LLC v. Brown, No....more

McGlinchey Stafford

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 18

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords - "However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - August 2021

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Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 14, 2021

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Real Property Update - Foreclosure / Surplus: The issuance of certificate of disbursements triggers the running of the 60-day period for filing claims to surplus monies following a foreclosure sale, and motion for surplus...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 12, 2021

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Real Property Update - Foreclosure: Mortgagee failed to offer competent, substantial evidence to prove that it had complied with all of the conditions of the mortgage contract that were prerequisites to allowing it to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 5, 2021

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Real Property Update - Foreclosure / Conditions Precedent: Lender failed to provide sufficient evidence showing default letter and notice of acceleration were mailed to borrower when it only attached copy of default letter...more

Goodwin

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

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In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

McGlinchey Stafford

COVID Relief Updates: Mortgages, Debt Collection, And Student Lending

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Since the beginning of the year and the change in Presidential administrations, a number of relief measures granted in response to the COVID-19 pandemic have been extended. Below are updates regarding relief measures in place...more

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