Collection Industry News

JULY 12, 2022

After defaulting on their home loan, a foreclosure suit was instituted. While the foreclosure was pending, Servicer took over the servicing of the loan. Debtors sued Servicer during the foreclosure after a disagreement arose, which resulted in a settlement of both lawsuits wherein the parties agreed that Debtors owed $85,790.99

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Debtor Foreclosure Debt collector Loans 40

ABI

JANUARY 20, 2020

1] On June 18, 2013, Parkland II, LLC (“Parkland and/or the “Debtor”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code in response to four judgements received by Bridgeview Bank Group (“Bridgeview”) against Parkland and two of its principals. [2] 10] Parkland failed to respond to these requests. [11] and any creditor.

Debtor 40

Debtor Foreclosure Bankruptcy Legal Rights 40

FDCPA Defense

FEBRUARY 3, 2019

2013) (“Unfortunately, the FDCPA does not define ‘debt collection,’ and its definition of ‘debt collector’ sheds little light, for it speaks in terms of debt collection.”) (citations omitted); Gburek v. to pay money,” non-judicial foreclosure is not covered under FDCPA) (citations omitted), pet. See Glazer v. Chase Home Fin.

Foreclosure 40

Foreclosure Debt collector Law Firms Debtor 40

Jimerson Firm

MAY 12, 2021

In 2016, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule—referred to as the 2016 Mortgage Servicing Rule —that clarified, revised, and amended several provisions in the 2013 Mortgage Servicing Rules. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action.

Collateral 52

Collateral Lender Loans Foreclosure 52

Jimerson Firm

JANUARY 16, 2023

2013) (finding a plaintiff can recover damages for emotional distress under the FCCPA); Barker v. 2015) (holding a plaintiff may recover actual damages for emotional distress, including stress, anxiety, and sleeplessness under the FDCPA and FCCPA); Fini v. Dish Network L.L.C. , 2d 1288, 1299 (M.D. Tomlinson , No. See Montgomery v.

Garnishment 52

Garnishment Foreclosure Banks Consumer Collections 52

FDCPA Defense

FEBRUARY 1, 2018

Determining the line between foreclosure activity and debt collection, however, can be elusive. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. California law does not allow for a deficiency judgment following non-judicial foreclosure.

Accrued Interest 40

Accrued Interest Foreclosure Debt collector Debtor 40

FDCPA Defense

AUGUST 19, 2013

3d _, 2013 WL 3928631 (10th Cir. 2013), the outcome will turn on a case-by-case analysis of multiple factors relating to the practice of the attorney or the firm. See 2013 WL 3928631, at *4. See Wadas , 2013 WL 3928631, at *4 (quoting Goldstein , 374 F.3d See Wadas , 2013 WL 3928631, at *5. Wadas , _ F.3d

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Law Firms Lawyers Collections Debt collector 40