News & Analysis as of

Loan Servicer Mortgages Loan Servicing

Alston & Bird

District Courts Split on Convenience Fees Under Debt Collection Laws

Alston & Bird on

A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by...more

McGlinchey Stafford

Federal Agencies Extend Moratoriums Through the End of 2020

McGlinchey Stafford on

Two federal enterprises who purchase and securitize mortgages, Fannie Mae and Freddie Mac, along with three federal agencies who make, guarantee, and insure mortgage loans, the Department of Housing and Urban Development...more

McGlinchey Stafford

The Federal Foreclosure Moratorium is Extended

McGlinchey Stafford on

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, PL 116-136, enacted March 27, 2020, a federally backed mortgage loan was subject to a foreclosure moratorium from March 18, 2020, through May 17, 2020....more

BCLP

RESPA is a Shield, Not a Sword

BCLP on

In a case of first impression, the Fifth Circuit held that a defendant is not required to plead as an affirmative defense under the Real Estate Settlement Procedures Act that it had complied with Section 1024.41 of the Code...more

Goodwin

Servicers Beware: RESPA Transfer of Servicing Letter May Trigger FDCPA Initial Debtor Communication Disclosure Requirement

Goodwin on

In Hart v. FCI Lender Services, Inc., the Second Circuit made it clear that servicers should pay close attention to initial communications with borrowers upon commencing loan servicing when it determined in an August 12, 2015...more

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