ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1]

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Foreclosure Debtor Bankruptcy Judgment 40

Consumer Financial Services Law

FEBRUARY 1, 2018

The Tenth Circuit has weighed in on whether a non-judicial foreclosure is debt collection activity. Wells Fargo, 2018 U.S. Instead of responding, the law firm initiated a non-judicial foreclosure. On appeal, the Tenth Circuit addressed the issue of whether the FDCPA applies to non-judicial foreclosure proceedings.

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Foreclosure Law Firms Collections Debt collector 40

Collection Industry News

DECEMBER 28, 2020

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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ABI

JANUARY 20, 2020

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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Debtor Foreclosure Bankruptcy Legal Rights 40

FDCPA Defense

FEBRUARY 3, 2019

Ekimoto & Morris, LLLC , 2018 WL 33129597 (D. Hawaii July 5, 2018) (unpaid assessments for condo where plaintiffs did not reside not a “debt”). Cheatham Farms Master HOA , 2018 WL 4297480 (C.D. 2018) (analyzing use of property at the time when assessments at issue were incurred) with Haddad v. 2710 (2018).

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Foreclosure Debt collector Law Firms Debtor 40

Troutman Sanders

APRIL 5, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. On April 1, the CFPB issued a warning to mortgage servicers to take necessary steps to prevent a wave of foreclosures this fall.

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Financial services Financial Institution Foreclosure Garnishment 52

Jimerson Firm

MAY 12, 2021

These provisions became effective on April 19, 2018. Continued reading: Certification of Original Promissory Note is Required to Bring a Mortgage Foreclosure Action. There is no affirmative obligation for lenders to determine whether a borrower is deceased. Author: Austin B. Calhoun, Esq. Murrin, JD Candidate.

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Collateral Lender Loans Foreclosure 52