Midland Funding

News & Analysis as of

7 Reasons You May Win Your Debt Collection Lawsuit that have Nothing to Do With the Law

Often here on my blog I will discuss some of the more technical legal arguments that can help you win your case against junk debt buyers. However, in a surprisingly high number of cases you end up winning simply for showing...more

Maryland Appeals Court Declines to Adopt “Meaningful Attorney Involvement” Standard

The Maryland Court of Special Appeals recently declined to adopt the “meaningful attorney involvement” standard for Fair Debt Collection Practices Act (FDCPA) claims based on alleged insufficient attorney involvement in debt...more

Treasury Request for Public Input on Expanding Access to Credit through Online Marketplace Lending

On July 20, the Department of the Treasury published a Notice and Request for Information (“RFI”) seeking comment on various aspects of online marketplace lending, including – - the business models and products offered...more

Increased Risk for Buyers of Credit Card Loans

Third party debt buyers may face increased threat of state-law class action lawsuits after a recent Second Circuit ruling prohibiting such debt buyers from invoking federal preemption defenses under the National Bank Act to...more

Madden v. Midland Funding, LLC

On May 22, the Second Circuit Court of Appeals ruled that when a nonbank entity purchases loans from a national bank, the interest rate the nonbank entity may charge is limited to the rate of interest of the state of...more

Orrick's Financial Industry Week in Review

Federal Reserve Releases First Determination of Aggregate Consolidated Liabilities of all Financial Companies - On July 1, the Federal Reserve Board released its first determination of the aggregate consolidated...more

Valid at Inception Rule Shot Down by the Second Circuit

Marketplace lenders and investors that purchase interests in loans originated by banks should pay close attention as it could spawn a host of class action lawsuits if left standing. In a controversial opinion decided on...more

Second Circuit Decision Could Disrupt Secondary Market for Bank-Originated Loans

A May 22, 2015 decision by the U.S. Court of Appeals for the Second Circuit appears to disturb the generally settled body of law concerning the status of non-bank investors with respect to applicable usury laws for...more

Special Alert: Second Circuit Decision Threatens To Upset Secondary Credit Markets

The Second Circuit Court of Appeals’ recent decision in Madden v. Midland Funding, LLC held that a nonbank entity taking assignment of debts originated by a national bank is not entitled to protection under the National Bank...more

The Unknown World of Junk Debt Buying

This past weekend I attended a workshop in Seattle that was set up for consumer protection lawyers like myself who help people fight back against junk debt buyers like Midland Funding, Cavalry SPV, CACH, LLC (too name a few)....more

Second Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act

On May 22, 2015, in Madden v. Midland Funding, LLC (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National...more

Second Circuit Holds That National Bank Act Preemption Does Not Apply to an Independent, Third-Party Debt Collector That Purchased...

The Second Circuit recently issued a National Bank Act preemption decision with significant implications for purchasers of loans and other debt from national banks. See Madden v. Midland Funding, LLC, --- F.3d ---, 2015 WL...more

2nd Circuit Reinstates Consumer Class Action Against National Debt Buyer Through Preemption Decision

On May 22, the U.S. Court of Appeals for the Second Circuit ruled against a debt collection firm, holding that “non-national bank entities are not entitled to protections under the National Bank Act (“NBA”) from state-law...more

Why You Should Enter into a Payment Plan with a Junk Debt Buyer [Video]

Many times junk debt buyers like Midland Funding, Portfolio Recovery Associates, and CACH, LLC will sue people and immediately seek out of settlement of the debt. When people can't pay a large lump sum they will set up long...more

Second Circuit Ruling Undermines National Bank Act Preemption of State Usury Laws for Loans Transferred to Non-Banks

The U.S. Court of Appeals for the Second Circuit ruled last week that a purchaser of charged-off debts from a national bank was not entitled to assert the preemption of state usury laws available to national banks under...more

It’s Time for Arizona Courts to Stop Trusting Midland Funding

It has baffled me for years. Time and again I see courts give junk debt buyer Midland Funding the benefit of the doubt when it comes to the trustworthiness of their “evidence” and the testimony of their witnesses at trial –...more

Sued by Midland Funding in Arizona? 3 Ways to Deal with the Lawsuit

When faced with a difficult situation it is comforting to know your options. If you have been sued by one of the junk debt buyers like Midland Funding, CACH, LLC, or Portfolio Recovery you are likely loosing a lot of sleep...more

3 Proven Strategies for Dealing with a Midland Funding Lawsuit [Video]

Midland Funding files hundreds of thousands of debt collection lawsuits against consumers each year. Over 90% of these lawsuits end up in a default judgment because people aren't sure what they should do. In this video I...more

Before You Represent Yourself Against Midland Funding, Consider This…

Recently I met with a great woman who had been battling hard against junk debt buyer Midland Funding here in an Arizona court. Her preparation was more than adequate – she had a three-inch three-ring binder with all of her...more

Recent Uptick in Collection Lawsuits from FIA Card Service (Bank of America) in Arizona

Lately I have seen an pretty significant increase in the number of lawsuits filed by junk debt buyers like Midland Funding, Unifund, and CACH, LLC on old charged-off Bank of America credit cards here in the Phoenix area. ...more

Quick Guide to the Typical Debt Collection Timeline (And Why You Should Care)

If you are dealing with past due debts you no-doubt understand the confusion of what company is trying to collect what debt on behalf of who? (If that makes sense?). Well before a debt ends up in the hands of a junk debt...more

Why You Shouldn’t Enter Into a Payment Plan with a Junk Debt Buyer

People want to pay their debts. That is why when a junk debt buyer like Midland Funding, CACH, LLC, Cavalry SPV, or Portfolio Recovery comes along and threatens to file a lawsuit over a junk debt it allegedly purchased, many...more

Top 5 Consumer Articles in 2014!

Each year on New Year’s Eve I like to take a look back at the articles I published and which ones helped the most people. During 2014 over 85,000 people from 146 countries read the articles on my blog! It always amazes the...more

3 Factors that Will Make or Break Your Case Against Portfolio Recovery Associates

I dedicate almost all of my work week to fighting junk debt buyers like Portfolio Recovery Associates, Midland Funding, LLC, and Cavalry SPV I, LLC. My extensive experience in handling these types of cases has put me in the...more

Questions You Should Ask Before Hiring a Lawyer for Your Midland Funding Case

Finding a lawyer to represent you in your debt collection lawsuit against junk debt buyers like Midland Funding, Portfolio Recovery, CACH, LLC (or any other junk debt buyer) can be a difficult task. There aren’t a lot of...more

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