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

These actions again demonstrate. plan that was enacted into law recently, the administration has initiated a number of other programs. One helps homeowners restructure or refinance their mortgages.

McCarthy & Holthus LLP 1, the issue of whether a law firm carrying out a non-judicial residential foreclosure is a "debt collector" under the FDCPA. The Court ruled that such a law firm is not a debt collector, and therefore, is not subject to many of the rules and regulations that would otherwise apply under the FDCPA.

The result would be to leave struggling homeowners back at square one, with even fewer protections to avoid foreclosure. All of this has come to a head in a class-action lawsuit filed by Leonard Law.

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the pendency of the foreclosure action, as O Co.’s corporate existence and identity continued in the resulting bank, O Co.’s assets, including the decedent’s note, vested in the resulting bank by operation of law and without any deed or transfer, this action was not abated, discontinued,

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Unrealistically high appraisals, which are part of the lending practices that powered the housing boom and contributed to its crash, fueled the foreclosure problem. whose market values did not meet.

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A third was sued with documentation for a debt originating from a bank other than the. of Illinois College of Law. “If the debt collection industry doesn’t clean up its own act, there’s going to be.

B. Underlying Foreclosure Action 6 In 2012, Walworth State Bank initiated a foreclosure action against the owners of units 18 and 19, a single family residence. The complaint named abbey springs as a defendant in that action due to its claim of unpaid assessments attributable to the property. In January 2013, the Walworth County Circuit

July 22, 2013 /PRNewswire via COMTEX/ — Hackard Law attorneys. in lender-initiated lawsuits. This litigation often involves the defense of prejudgment attachment proceedings that are ancillary to.

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And even though a first-party creditor, like your bank, is not subject to the rules of the FDCPA, the Dodd-Frank Act, various state laws and Section 5 of the Federal Trade Commission (FTC) all prohibit banks and other first-party lenders from engaging in unfair, deceptive or abusive practices in their own collection activities.

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