Collection Industry News

JULY 12, 2022

The appeal arose from a lawsuit brought by two Florida homeowners (“Debtors”) against their home loan servicer (“Servicer”) for alleged violations of the FDCPA and Florida’s Consumer Collection Practices Act. After defaulting on their home loan, a foreclosure suit was instituted. to be paid in one year. to be paid in one year.

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Debtor Foreclosure Debt collector Loans 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. Although not required, the confirmed successor in interest may assume the loan upon consent. Periodic statements.

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Collateral Lender Loans Foreclosure 52

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.

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Debtor Foreclosure Bankruptcy Legal Rights 40

FDCPA Defense

FEBRUARY 3, 2019

1992) (emphasis added, citation and quotation marks omitted) (personal loan from friend used to start software business not a “debt” under the Act: “Neither the lender's motives nor the fashion in which the loan is memorialized are dispositive of this inquiry.”). Litton Loan Serv. Federal Home Loan Mortg. System, Inc.,

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Foreclosure Debt collector Law Firms Debtor 40

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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Accrued Interest Foreclosure Debt collector Debtor 40

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.

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Garnishment Foreclosure Banks Consumer Collections 52