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

He represents banks and mortgage servicers in litigation and compliance. The law applies to "debt collectors"–primarily defined as businesses whose. For the purpose of a provision governing "any nonjudicial action to effect. The CFPB argued that initiating non-judicial foreclosures does not fall within.

Draper & Goldberg, P.L.L.C., 443 F.3d 373, 375-77 (4th cir. 2006), where it held that a law firm that provided notice that it was preparing foreclosure papers and thereafter initiated foreclosure proceedings could be a debt collector as defined by the FDCPA.

A "deficiency judgment" is a money judgment against a borrower for the difference between the mortgage debt and the foreclosure sale price. Not all states allow deficiency judgments. But homeowners who go through a foreclosure in Utah might have to pay a deficiency judgment after a foreclosure.

State Department · 4 · 1. Clarify that, subject to certain exceptions, a debt collector is. about the debt and actions the consumer may take in response, unless.. Proposed comment 2(b)-1 also would clarify that an act to initiate a.. to a mortgage loan) to invoke its specified remedy of foreclosure, the.

I've Got A Collector Threatening To Take Me To Court Foreclosure Law: What Banks Can and Can’t Do. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

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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.

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Although Florida is a judicial foreclosure State (meaning, that a foreclosure action must be filed with the Court to start the action), Colorado does not require the filing of a case in order to.

Archives: Collection and Foreclosure. Banking & Finance Law Report Top 10: News and Trends from 2013. Depending on state law, bankers may or may not be able to reach the assets of their debtors’ SMLLCs through a charging order. Furthermore, changes to Ohio law have recently been.