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Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations

Jimerson Firm

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Additionally, specific Federal regulations may also apply and provide additional requirements for lenders holding VA loans or FHA loans, or provide protections for service members. Florida State Laws.

Loans 98
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Decoding Chapter 12 Bankruptcy: Navigating the 20-Year Treasury Bond Rate vs. National Prime Rate Dilemma in Determining Discount Rates on Secured Creditor Claims

ABI

In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1] 6] This ensures complete repayment, covering both the principal loan amount and accrued interest, in accordance with the United States Code. [7] 10] These loans were secured by $1.45

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Courts apply the very pro-consumer “least sophisticated debtor” standard when evaluating a collector’s communications, and most violations of the Act are “strict liability” – meaning the debtor can win the case without proving the collector intended to violate the statute.

Debtor 40
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7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

Troutman Sanders

The Seventh Circuit held that for a concrete injury to result from the dunning letter’s exclusion of a statement about accruing interest, the exclusion must have detrimentally affected the Spuhlers handling of their debts.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Duty to disclose accruing interest, fees or other charges A significant recent trend in FDCPA case law involves courts that have imposed new disclosure obligations that are not found in the plain language of the Act. Two decisions out of the Second Circuit that have sparked a wave of new lawsuits against collectors are Avila v.

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SURVIVING FINANCIAL DISTRESS FROM COVID-19 IN THE RESTAURANT, BAR, AND SERVICE INDUSTRY

BN Lawyers

These parties could foreclose or repossess the property securing the loans. A lender who provided a secured loan for your kitchen equipment would have a difficult time profitably foreclosing on those assets. Although minimum payments may result in accrued interest, that is better than a lockout or eviction.