Remove Debt collector Remove Foreclosure Remove Judgment Remove Lender
article thumbnail

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

Troutman Sanders

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.

article thumbnail

The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

Troutman Sanders

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Passage Of Debt Collection Bill Could Be A ‘Slippery Slope’ For Lenders

Collection Industry News

While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. In the letter, Nussle stated, “Lenders rely on complete and accurate credit reports when underwriting loans.

Lender 40
article thumbnail

House Passes Debt Collection Bill

Collection Industry News

While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders. It now heads to the Senate for consideration.

article thumbnail

How Long Does Bad Credit Last?

Credit Corp

Lenders don’t necessarily continue to report activity for the entire limit. Since the debt is old and less likely to be paid, the creditor may be willing to accept less than what you owe to consider the matter closed. Pro tip: If you can’t pay your mortgage due to financial hardship, contact your lender as soon as possible.

article thumbnail

Eighth Circuit Holds Boilerplate Disclosures Alone Insufficient to Implicate FDCPA Protections

Troutman Sanders

At the time Carrington became the mortgage servicer, Heinz’s loan was already in default and a foreclosure sale was scheduled for the first of the following month. Thereafter, the foreclosure sale of Heinz’s property was postponed to November 14, 2017. However, the foreclosure sale proceeded as scheduled on November 14, 2017.

article thumbnail

How To Remove Negative Items From Your Credit Report

Better Credit Blog

Whatever you’re dealing with, late payments, collections, charge-offs, or foreclosures, the following techniques can clean up your credit quickly. This would be money well spent if it restored your good standing with lenders in time to secure a loan with low-interest rates. You may spend $400 to $500. Ads by Money.