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CFFP Reaches $12M Settlement With Foreclosure Relief Scammers, 10 Years After Filing Lawsuit

Account Recovery

The Consumer Financial Protection Bureau yesterday announced a settlement in an enforcement action that started nearly a decade ago which will see those involved in a foreclosure relief scam pay $12 million in penalties and restitution to consumers.

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Timing is Everything: 11th Circuit Finds Loss Mitigation Application Untimely

Consumer Financial Services Law

Ocwen Loan Servicing, the court considered whether the mortgage servicer had an obligation to evaluate a loss mitigation application when, at the time the completed application was submitted, a foreclosure sale was scheduled to occur in two days. The foreclosure sale in this matter was originally scheduled to occur January 29, 2014.

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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

8:13-CV-00567-T-27AEP, 2014 WL 55016, at *2 (M.D. 7, 2014) (holding plaintiff was not entitled to actual damages for mental anguish because she failed to supply any competent evidence, such as medical records or expert testimony, that would support her claim). 3:13-CV-163-J-39PDB, 2014 WL 2987702, at *2 (M.D. July 2, 2014).

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New CFPB Consent Decree May Highlight Loss Mitigation Issues for 2021

Collection Industry News

The clear priority is helping consumers avoid foreclosure, a risk we know will continue throughout 2021. The lengthy consent decree covers loss mitigation conduct from 2014 through 2018, years in the past. Some borrowers suffered improper foreclosure activity as a result. 12 C.F.R. §§ 1024.41(b)(2)(i)(B), b)(2)(i)(B).

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11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA

Collection Industry News

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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A Debtor’s Silence May Waive its Right to Enforce its Rights?under a Confirmed Plan of Reorganization

ABI

4] The court approved Parkland’s modification to its Plan of Reorganization stating that if Bridgeview successfully bid on the Artesian Property in a foreclosure sale, Bridgeview would finance Parkland’s purchase of it from the creditor. [5] 6] The foreclosure sale took place and Bridgeview’s nominee purchased the property. [7].

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CFPB Enters into Consent Orders with Citibank Subsidiaries Over Mortgage Servicing Practices

Consumer Financial Services Law

Under Reg X, loss mitigation option means “ an alternative to foreclosure offered by the owner or assignee of a mortgage loan that is made available through the servicer to the borrower.” 12 CFR 1024.31. The Wrong Way. The CitiFinancial Consent Order alleges that requests for deferments were not treated as requests for loss mitigation.

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