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Dealing with Deceased Borrowers Since the 2016 Mortgage Servicing Rule

Jimerson Firm

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. When a borrower dies, lenders are often left wondering what to do. Who is a “Successor in Interest”?

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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. 12 CR 1024.41(c)(1).

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Trends In FDCPA Litigation Filed Against HOA Attorneys

FDCPA Defense

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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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.