On January 18, 2018, the House gave small lenders a late Christmas present when it passed H.R. 2954 known as the Home Mortgage Disclosure Adjustment Act. The act amends the existing Home Mortgage Disclosure Act (HMDA) by...more
In a recent case under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit held that the TCPA does not permit a consumer to revoke prior consent to be contacted by telephone when...more
In Jo Ann Howard & Associates, et al. v. National City Bank; PNC Bank, N.A., now pending before the United States Court of Appeals for the Eighth Circuit, a Missouri bank entered into a contractual and statutorily authorized...more
UPDATE: On rehearing, the appellate court held that all liens placed on property between a final judgment of foreclosure and judicial sale are discharged by Florida statute. Specifically, the court recognized that the sale...more
In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the...more
10/11/2016
/ Abandoned Property ,
Affirmative Defenses ,
Appeals ,
Bankruptcy Code ,
Chapter 7 ,
Consumer Bankruptcy ,
Debtors ,
Dismissals ,
Foreclosure ,
Mortgage Lenders ,
Property Surrender ,
State Law Claims ,
Withdrawal
In a recent decision issued by the Fourth District Court of Appeal, the court held that while a lis pendens may discharge liens that exist prior to entry of a final judgment of foreclosure, it does not affect those that...more
The Office of the Comptroller of the Currency (OCC) released its bank supervision operating plan for fiscal year 2016 on September 25th. The operating plan sets forth the agency’s supervision priorities and objectives as...more
A recent decision from Pasco County, Florida clarifies for lenders and servicers what constitutes an attempt to collect a debt when they are communicating with a debtor about loss mitigation. In Hurtubise v. P.N.C. Bank,...more