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

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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.

"Collections Law" by Charles B. Jimerson, Esq Lender Liability Update: Recent Cases and Trends. The first type of claim usually arises where the borrower or attempted borrower asserts a lawsuit for damages based upon a failure to fund a loan or other claim based upon an alleged affirmative action or an omission by the lender which has allegedly caused damages.

A mortgage foreclosure action is a debt collection practice under the FDCPA. BAC falsely asserted that it was holder of the note and mortgage. BANA also submitted an allonge1 that directly conflicted with business records showing that Hudson Savings was in possession of the note with indorsements from TBW to Countrywide and Countrywide in blank.

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Florida has a law that generally requires banks to produce the note at the time of the foreclosure. As of July 1, 2013, a plaintiff (the bank) in Florida must prove its right to foreclose by filing additional items along with the complaint, including a certification that the plaintiff is in possession of the original promissory note.

New York State Debt Collection Laws . Submitted by Scott E. Wortman, Esq., Partner, Mel S. Harris & Associates, L.L.C.. NY State law allows for civil remedies for the recipient of a bad check. Under the NY. shall be subject to a penalty of not less than $700.00 nor more than $1,000.00 for.

Not all legal actions are subject to the automatic stay. It will not stop criminal actions or traffic violation proceedings.. attachment of your bank account, repossession, or foreclosure of the bankruptcy case. The court will also send a notice to all of the creditors you list. But it takes about a week.. Please reference the Terms of.

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On March 20, 2019, the supreme court unanimously ruled in Obduskey v. McCarthy & Holthus LLP that a business engaged in non-judicial foreclosure is not subject to all of the requirements and prohibitions applicable to “debt collectors” under the Fair debt collections practices Act (FDCPA). Instead, the Court held that a business pursuing non-judicial foreclosure is subject only to specific.