Appeals Court Rules Foreclosures are "Debt Collection" Under FDCPA. The U.S. Court of Appeals for the Sixth Circuit Monday handed down an opinion that defined mortgage foreclosure actions as "debt collection" under the Fair Debt Collection Practices Act (FDCPA), reversing a lower court.
The CFPB’s first enforcement action against a law. Not surprisingly, the CFPB and state attorneys general have collaborated regularly and effectively in a variety of areas, including payday loans,
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The clause permits a trustee to initiate a foreclosure without the inclusion of a court. The trustee in a non-judicial foreclosure is requires to issue a notice of default and notify the borrower/homeowner–in accordance to state law or the individual’s mortgage contract–concerning default status.
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The Court of Special Appeals of Maryland, the intermediate appellate court in that state, recently held that a party who authorizes a foreclosure trustee to initiate a foreclosure action on a deed of trust must be licensed as a collection agency in the state before filing the foreclosure lawsuit, and that this licensing requirement applies to trusts formed outside of the State of Maryland.
Although the SCRA does not contain an SOL, the district court applied the SOL. courts analyzing federal laws without an SOL would use the SOL of a state law. a private cause of action enacted after December 1, 1990, it was subject to the. Section 1692g(b) of the Fair Debt Collection Practices Act (FDCPA) requires a.
mortgage held by respondent-mortgagee The Bank of New york mellon (the bank). In 2011, the mortgage was foreclosed by advertisement, and the property was sold to the bank at the sheriff’s sale. Cordes did not redeem the property within the statutory period but remained in possession of the property, and the bank initiated an eviction action in
A lawsuit filed under the Fair Debt Collection Practices Act in Unites States District Court, Middle District of Florida, Orlando, alleges that Bank of America and its law firm, Kass Shuler, P.A., continued to prosecute a mortgage foreclosure action up to obtaining a final judgment setting a sale date, despite the fact that the homeowners had obtained a permanent loan modification from Bank of America and were current on their mortgage payments.