Fraser

SEPTEMBER 28, 2020

A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. Even when a claim is scheduled, and assuming there are no reasons not to (see below), a creditor may choose to file a claim to guard against a debtor modifying or removing its scheduled claim.

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Troutman Sanders

MARCH 22, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. The bill also would require such payments to be encoded, and would extend other restrictions on collection of such funds.

Financial services 52

Financial services Garnishment Student loans Student Loans 52

Consumer Financial Services Law

MAY 10, 2017

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors. As most know, Bank of America (BoA) acquired Countrywide Bank FSB and its mortgage portfolio in 2008. In Jackson v.

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Troutman Sanders

OCTOBER 16, 2023

NSF fees are distinct from overdraft fees, which financial institutions charge when they pay, rather than decline, a payment when the account lacks sufficient funds. The bill would amend Title 18 of the District of Columbia Official Code to allow, among other things, for the collection of personal property by affidavit.

Financial services 52

Financial services Student loans Student Loans Credit Unions 52

Troutman Sanders

MAY 9, 2023

The first of its kind, the strategy examines the phenomenon of financial institutions de-risking and its causes, and it identifies those greatest impacted. Department of the Treasury issued the 2023 De-Risking Strategy, as mandated by Congress in the Anti-Money Laundering Act of 2020. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Loans 52

FDCPA Defense

JANUARY 22, 2017

(This post is adopted from the materials presented at the CAI Law Seminar in Las Vegas, Nevada on January 20, 2017) Demystifying the FDCPA Class Action For HOA Attorneys Consumer attorneys have been filing FDCPA class actions against collection attorneys for decades, and the pace of those filings has increased sharply in the past ten years.

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Better Credit Blog

APRIL 11, 2022

If you see an old phone number, chances are it is still on file with the financial institution that issued the loan or credit card. Your creditors will report on your credit accounts regularly. Account information for each credit item will include the following: Name and address of the creditor. Foreclosure.

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Creditors Loans Credit Bureau Lender 15

Troutman Sanders

MAY 17, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. Privacy and Cybersecurity Activities. Federal Activities: On May 13, the U.S.

Financial services 52

Financial services Foreclosure Collection Agencies Collections Agency 52

Troutman Sanders

FEBRUARY 22, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here. For more information, click here.

Financial services 52

Financial services Student loans Student Loans Financial Institution 52

Collection Industry News

JULY 6, 2021

The new agenda lists two items as in the “final rule stage”: Debt collection. Due in part to the “societal disruption” caused by the COVID-19 pandemic, in April 2021, the CFPB issued a notice of proposed rulemaking (NPRM) that would extend by 60 days the effective date of Part I and Part II of its final debt collection rule.

Foreclosure 40

Foreclosure Financial Institution Consumer Credit Collections 40

Troutman Sanders

MAY 2, 2023

On April 26, the CFPB issued an advisory opinion, reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act. For more information, click here. For more information, click here.

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Financial services Trade Consumer Credit Government 52

Troutman Sanders

NOVEMBER 7, 2023

On October 30, the FTC announced that it had banned the owner of a small business funding company from both the merchant cash advance and debt collection industries. The company expects to have sufficient funds to fully repay unsecured creditors. Bittrex had previously paid more than $29 million in fines for alleged U.S.

Financial services 52

Financial services Debt collector Loans Foreclosure 52