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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

On October 17, the Massachusetts’ Eviction and Mortgage Foreclosure Moratorium Act (EMFM Act) is set to expire. The EMFM Act denotes an emergency law, restricting most evictions and foreclosure activities for a 120-day period, or until 45 days after the COVID-19 Emergency Declaration is lifted, whichever occurs sooner.

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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. Ocwen Loan Servicing, 2016 U.S. LEXIS 18264 (11 th Cir. 12 CR 1024.41(c)(1).

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Florida Supreme Court Resolves Conflict on Business Records Exception to the Hearsay Rule and Clarifies Standard for Qualified Witness Testimony

Consumer Finance Watch

2d DCA 2016) to resolve a conflict with a case decided by the Fourth District Court of Appeal ( Maslak v. 4th DCA 2016). On June 23, 2014, the originating lender, Household Finance Corporation III (“HFC”), filed a foreclosure complaint alleging a default under the note and mortgage. 90.902(11)”). 3d 1170 (Fla.

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Lenders Beware: Make Sure Your Borrower’s Organizational Documents’ Blocking Director Provisions Comply With State Law

The Creditors Rights

After the borrower’s default and lender’s commencement of foreclosure proceedings, the borrower’s members—with the exception of the Special Member—voted to cause the borrower to file a chapter 11 petition. If they don’t, a lack of the blocking director’s consent may not prevent the borrower from filing bankruptcy. 899 (Bankr.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

2016) and Carlin v. Determining the line between foreclosure activity and debt collection, however, can be elusive. 2016), amended (May 22. 17- 278) was whether notices sent by a trustee as required to initiate a non-judicial foreclosure under California law violated the FDCPA. Riexinger & Associates, LLC , 817 F.3d

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For Attorneys Representing Community Associations: A Primer On FDCPA Class Actions And How To Avoid Them

FDCPA Defense

2016) (granting summary judgment for plaintiff in FDCPA class action where defendant’s letter failed to specifically identify the name of the current creditor); Avila v. 3d_, 2016 WL 4651403 (7th Cir. 2016 WL 154090 (E.D.N.Y See, e.g., Janetos v. Fulton, Friedman & Gullace, LLP, 825 F.3d 3d 317 (7th Cir. LLC , 817 F.3d

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Bankruptcy Disclaimer Did Not Violate FDCPA

Consumer Financial Services Law

In those cases, the Sixth Circuit concluded that foreclosure proceedings are debt collection. In 2016, the bank engaged the defendant law firm to foreclose on the underlying real property. fka Standard Federal Bank has retained our law firm to begin foreclosure proceedings on the above referenced property. Trott Law, P.C.,