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Filing a Foreclosure Lawsuit? Make Sure You Check the Local Rules

Jimerson Firm

In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. Although Florida foreclosures are governed by Chapter 702 of the Florida Statutes , foreclosing lenders must also check the local rules of the court where the lawsuit is filed to make sure that they comply with any additional requirements.

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Foreclosure Suit Without Request for Deficiency Judgment Is Not “Debt Collection” Under FDCPA, Ninth Circuit Holds

Collection Industry News

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? The borrower then filed an action in federal court, claiming that an assortment of alleged misrepresentations in the foreclosure case constituted violations of the FDCPA.

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Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. 49.08, Fla.

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Supreme Court bans debt collection robocalling to cellphones

Public Citizen

Today, the Supreme Court held that collecting government debt by robocalling cellphones didn’t deserve special First Amendment treatment. The Federal Government receives a staggering number of complaints about robocalls—3.7 Second, if not, could the debt collection provision be severed? American Assn. American Assn.

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Florida Senate Bill 56: Changes to Florida’s Condominium Association and Homeowners’ Association Collections Procedures

Jimerson Firm

While both bills affect the laws governing Florida condominium and homeowners’ associations, Senate Bill 56, specifically, changed the collection and notification procedures for these associations. The association intents to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you.

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U.S. House Passes Comprehensive Debt Collection Improvement Act

Burr Forman

2547 (the “Comprehensive Debt Collection Improvement Act” or “CDCIA”). Originally introduced by House Financial Services Chairwoman Maxine Waters, the CDCIA’s primary purpose is to provide additional financial protections for consumers and place restrictions on debt collection activities by amending several consumer finance statutes.

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A Condominium Owner Did Not Pay The Assessment. How Do I Collect?

Jimerson Firm

The ability of condominium associations to collect assessments from unit owners is provided for in Chapter 718, Fla. and in the condominium’s governing documents. If a unit owner fails to pay assessments, the association has a statutory right to file a claim of lien and subsequent lien foreclosure. How Do I Collect?