Jimerson Firm

FEBRUARY 10, 2022

The first consideration that lenders (banks and credit unions alike) often face is when, and if, to conclude that the account owner does not intend to, or is not able to, clear the negative balance or loan deficiency. As a result, a loan that is charged off is written off and deemed a loss of principal and interest. See Caplinger 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). Countrywide Home Loans, Inc., Falcon , 457 U.S.

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