11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

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In Johnston v.Midland Credit Management, the U.S. District Court for the Western District of Michigan, Southern Division, held that a mere "procedural violation" did not satisfy the concrete-harm requirement of standing, and that a complaint alleging an FDCPA violation did not automatically establish a claim upon which relief may be granted.

Second Circuit holds mortgagor’s written request for information does not qualify as a QWR when not sent to the QWR designated address * Second Circuit affirms dismissal of RESPA claims based on.

Long-term mortgage rates fall, break 9-week rise PERT Florida Real Estate School Featured Job: Don’t Worry, Be Happy, Be a Loan Officer (In 3 Easy Steps) – Rate Zip Palm Beach real estate tycoon Jeff Greene files to run for governor Florida Loan Officer Pleads Guilty in $6.5 Million Mortgage Fraud

Knight v. State of Ala., 787 F. Supp. 1030 (N.D. Ala. 1991) case opinion from the US District Court for the Northern District of Alabama

Smith v. Encore Credit Corp. (TILA/HOEPA/RESPA) [55] defendants argue that all the federal claims and most of the state law claims are time-barred. The Court finds that all the federal claims are barred by the relevant statutes of limitations for the following reasons.

The court disagreed, saying that "the Section 502(b)(6) cap is only activated by optional and unpredictable post-petition bankruptcy events, [and therefore] the court concludes it is not appropriately applied to threshold inquiries that are focused on the initial schedules and the calculation of debt existing on the date of the bankruptcy filing."

Before the court is a narrowly focused motion for summary judgment (Doc. 22) by Nationstar, claiming that the Dukes’ claims are barred by the doctrine of res judicata. Also pending is the Dukes’ motion to strike (Doc. 26) the declaration of A.J. Loll and its attachments ("Loll Declaration"), submitted by Nationstar in support of its Rule 56 motion.

Unless the debt has been reaffirmed, a Chapter 7 discharge relieves an individual debtor from personal liability for mortgage debt and prevents the mortgage servicer from taking any collection actions against the debtor personally. For more information on chapter 7 bankruptcy, see Practice Note, Chapter 7 Liquidation: Overview (W-000-6231).

FORECLOSURE LAWFIRMS NOW AT RISK FOR FDCPA SUITS By: Hugh Wood, Atlanta, GA The united states supreme court seems to have thrown lawfirms that conduct foreclosures under the bus in a recent fair debt collection Protection Act ("FDCPA") decision.

Recent cases – October 2014 Burr & Forman LLP. who provide sufficiently succinct articles so that one can learn much about new developments in a short amount of time. I like the format because.

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