Jimerson Firm

FEBRUARY 10, 2022

Ocwen Loan Servicing, LLC, 8:14-CV-3214-T-35MAP, 2015 WL 12938920, at *1 (M.D. a United States District Court in the 11 th Circuit analyzed the issue of whether a creditor’s issuance of a 1099-C extinguishes or cancels a debt. 1:11–cv–72, 2012 WL 1098619, at *7 (W.D.N.C. See Caplinger v. 1099-C Issuance. For example, in Ware v.

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Consumer Financial Services Law

OCTOBER 17, 2017

3d 1309 (11 th Cir. 2015) was one of the first opinions to parse the definition of a debt collector under 15 U.S.C. LEXIS 19750 (11 th Cir. 10, 2017), the consumer filed an action against its mortgage servicer, Nationstar, seeking to stay foreclosure proceedings and recover damages under the FDCPA. In Kurtzman v.

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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.

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Collection Industry News

OCTOBER 6, 2020

It primarily had the CARES Act to thank: The bill delivered hundreds of billions of dollars worth of stimulus checks and bulked-up unemployment benefits to Americans, while easing pressures on them by halting foreclosures, evictions and student loan payments. There was no ban on collections of old credit card bills, Encore’s specialty.

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FDCPA Defense

JANUARY 22, 2017

2015) (district court abused discretion certifying FDCPA class “by failing to conduct rigorous analysis. 2015) (reversing certification of FDCPA class where, inter alia , to resolve plaintiff’s theory of liability, every state-court collection lawsuit needed to be reviewed). Kovitz Shifrin Nesbit , 2015 WL 74069 (N.D.

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Consumer Financial Services Law

MARCH 15, 2019

In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. In 2015, Tyler’s mortgage debt was discharged in bankruptcy. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. LLC, 704 F.3d 3d 453 (6th Cir. 2013) and Scott v.

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