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First Circuit Affirms Bankruptcy Court’s Judgment in Favor of Mortgage Company

Consumer Financial Services Law

In Kirby, the consumers filed Chapter 7 while engaged in a state sponsored Foreclosure Diversion Program. The mortgage company additionally sent a Right to Cure directly to the Kirbys which contained a bankruptcy disclaimer. 21st Mortg. 427 (2019).

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Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Consumer Financial Services Law

Importantly, the Informational Statement also included a lengthy disclaimer which provided as follows: This statement is sent for informational purposes only and is not intended as an attempt to collect, assess, or recover a discharged debt from you, or as a demand for payment from any individual protected by the United States Bankruptcy Code.

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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

A district court in Michigan recently dismissed an FDCPA action, holding that a letter which included a bankruptcy disclaimer was for informational purposes only and did not violate the FDCPA. In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. Fabrizio & Brook, P.C., LEXIS 33450 (E.D.

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Debt After Death: 9 Things You Need to Know

Credit Corp

DISCLAIMER. If your loved one doesn’t have any beneficiaries listed on their will when they die, their mortgaged property may go into foreclosure. The information provided in this article does not, and is not intended to be, legal, financial or credit advice; instead, it is for general informational purposes only. . Car Loan Debt.

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How is the CDC’s Eviction Moratorium Impacting Property Managers?

Click Notices

Facing a severe reduction of cash flows, property owners risk bankruptcy, foreclosure, and staff layoffs. Disclaimer: The information provided in this blog post does not, and is not intended to, constitute legal advice. A high participation rate of residents in the CDC moratorium could be very detrimental to landlords.