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Defaulted Loans: Florida State Laws, Federal Laws and Federal Regulations

Jimerson Firm

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Additionally, specific Federal regulations may also apply and provide additional requirements for lenders holding VA loans or FHA loans, or provide protections for service members. Florida State Laws.

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Trade Groups File Summary Judgment Motion In Texas Lawsuit Challenging CFPB Loan Rule That Is Payday

Collection Industry News

The industry trade teams challenging the CFPB’s rule that is final Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed a movement for summary judgment. The plaintiffs argue that the payments provisions should be held unlawful and set aside for the following reasons in their summary judgment motion.

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7th Circuit Challenges Whether Plaintiffs Had Standing in Recent District Court Cases

Troutman Sanders

The Seventh Circuit held that for a concrete injury to result from the dunning letter’s exclusion of a statement about accruing interest, the exclusion must have detrimentally affected the Spuhlers handling of their debts. In Brunett v. Convergent Outsourcing, Inc. Thrasher, Buschmann & Voelkel, P.C.

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SURVIVING FINANCIAL DISTRESS FROM COVID-19 IN THE RESTAURANT, BAR, AND SERVICE INDUSTRY

BN Lawyers

These parties could foreclose or repossess the property securing the loans. A lender who provided a secured loan for your kitchen equipment would have a difficult time profitably foreclosing on those assets. Although minimum payments may result in accrued interest, that is better than a lockout or eviction.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Duty to disclose accruing interest, fees or other charges A significant recent trend in FDCPA case law involves courts that have imposed new disclosure obligations that are not found in the plain language of the Act. California law does not allow for a deficiency judgment following non-judicial foreclosure. System, Inc.,

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How Doctors Are Pushing Medical Credit Cards on Patients

Collection Industry News

The growing promotion and use of medical cards and installment loans, the CFPB wrote, can increase the financial burden on patients who may pay more than they otherwise would pay and may compromise medical outcomes. It argues the cards interest rates32.99% in May 2024violate state usury laws, which cap interest rates on loan payments.

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The “Least Sophisticated Debtor” Is Getting More Sophisticated, And Has An Improved Memory Too

FDCPA Defense

Although the trial court felt this was only a “ de minimus ” violation of section 1692e(11), it entered judgment in favor of Davis. 19, 2013) (“[E]ven the most unsophisticated debtor would not have been confused by Defendant's failure to say that Plaintiff's longstanding loan was continuing to accrue interest.”).

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