Consumer Financial Services Law

MAY 16, 2017

“The law has long treated unenforceability of a claim (due to the expiration of the limitations period) as an affirmative defense … And we see nothing misleading or deceptive in the filing of a proof of claim that, in effect, follows the Code’s similar system.” Midland Funding, LLC v. Johnson , (May 15, 2017). Yesterday, the Supreme Court reversed the Eleventh Circuit’s holding in Midland Funding v.

Bankruptcy 40

Bankruptcy Chapter 13 bankruptcy Creditors Debtor 40

Consumer Financial Services Law

MAY 15, 2017

As required by the Dodd-Frank Act, the CFPB is conducting an assessment of its RESPA Mortgage Servicing Final Rule, which took effect on January 10, 2014. The assessment will seek to compare servicer and consumer activities and outcomes to a baseline that would exist if the Rule has not been implemented. Specifically, the CFPB’s assessment plan will examine how well the Servicing Rule has met its purpose of: Providing borrowers with timely and understandable information; Protecting borrowers fro

Foreclosure 40

Foreclosure 40