Bank that initiated foreclosure action not subject to state debt-collection law

How do I win a debt collection lawsuit - Debt Collection Attorney And it’s not just Northern Virginia. State attorneys general, judges and consumer lawyers nationwide are complaining of a broken debt collection. foreclosure documents. midland tried to settle the.

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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.

It’s not equal justice when a kid with an ounce of pot can get thrown in jail, while a bank executive who. make up nearly one third of state budgets, and states and local authorities spend about 6%.

The alleged loan extension agreement had been the subject of GIPP’s counterclaim against the Bank in the foreclosure action. The state court, relying on Turkey Creek, Inc. v. Londono, 567 So .2d 943 (fla. 1st dca 1990), granted the Bank’s Motion for Summary Judgment on the ground that the claim for tortious interference should have been raised.

Expert Opinion Liberal View Allowing Action Anew Barred by Statute of Limitations In his foreclosure litigation column, bruce bergman discusses a "savings provision" contained in CPLR 205 which.

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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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.