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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Small Business Administration, in consultation with the Treasury Department, released an updated loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. Small Business Administration (SBA) released guidance on required procedures for changes of ownership in an entity that obtained a PPP loan.

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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. Household Finance Corporation, III, 236 So.

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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.

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

The Creditors Rights

It owed a loan to BCL-Bridge Funding, LLC secured by real property comprising a resort on Lake Michigan. 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. 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

Countrywide Home Loans, Inc., 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. 3d_, 2016 WL 4651403 (7th Cir. 2016 WL 154090 (E.D.N.Y 23(b)(3); see also Vinole v.