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A Personal Guarantor Who Does Not Have an Interest in the Property Secured by the Debt Lacks Standing to Assert Wrongful...

In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the...more

A Properly Notarized Power of Attorney Provides Authority to Execute Mortgages

In Forbes v. Platinum Mortgage, Inc., No. 1180985, 2020 WL 746533 (Ala. Feb. 14, 2020), the Alabama Supreme Court upheld the validity of a home mortgage. There, the husband borrowed $175,000, securing the loan with a...more

Supreme Court Finds that Foreclosure Firm Engaging in Non-judicial Foreclosure Proceedings is Not Considered a Debt Collector...

In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and...more

Eighth Circuit Says Misleading Statements Must Be Material for FDCPA Liability

In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding liability under Section 1692e of the Fair Debt Collection...more

Eleventh Circuit Declines to Expand Reach of “Least Sophisticated Consumer” Standard In the Context of Sending Periodic Mortgage...

The Eleventh Circuit recently clarified that sending periodic mortgage statements following a debtor’s bankruptcy discharge is not misleading to the “least sophisticated consumer.” In Helman v. Bank of America, 15-13672, 2017...more

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