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Rental Property and the FDCPA: Ninth Circuit Reverses and Remands Entry of Summary Judgment for Defendants-Appellees in FDCPA Case

Troutman Sanders

Carpenter, Hazelwood, Delgado & Boren PLC , the Ninth Circuit Court of Appeals reversed and remanded the district court’s entry of summary judgment for the appellees-defendants in a Fair Debt Collection Practices Act (FDCPA) case. In Glawe v.

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Law Firm's Garnishment Activities Do Not Violate FDCPA

Consumer Financial Services Law

Palisades Acquisition XVI, LLC, 635 F. The case arose from the law firm’s post judgment efforts to garnish wages. See, e.g., Hemmingsen v. Messerli & Kramer, 674 F.3d 3d 814 (8 th Cir. 2012); O’Rourke v. 3d 938 (7 th Cir. 2011); Miller v. Javitch, Block & Rathbone, 561 F.3d 3d 588 (6 th Cir. 2009); Sayyed v.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. A complaint is filed, then the borrower has the ability to respond to the complaint and assert defenses. 702.015(5) , Fla.

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CFPB Filed A Judgment Against An Illinois-based Payment Processor

Collection Industry News

On January 18, the CFPB filed a proposed final judgment against an Illinois-based third-party payment processor BrightSpeed Solutions and its founder Kevin Howard (collectively, “defendants”), which ceased operations almost three years ago, settling claims that the defendants facilitated payments for telemarketing fraudsters targeting seniors.

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Understanding Easements, Rights-of-Way and Their Affects on Property Value

Jimerson Firm

1954) (stating the rule that “all easements, whether acquired by user, express grant, dedication, or by implication from the circumstances of a particular transaction, that the burden of a right of way upon the servient estate must not be increased to any greater extent than reasonably necessary and contemplated at the time of initial acquisition”).

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Certification of Original Promissory Note is Required To Bring a Mortgage Foreclosure Action

Jimerson Firm

The original note and the allonges must be filed with the court before the entry of any judgment of foreclosure or judgment on the note. 673.3091 (2) shall be provided before the entry of final judgment. (c)?Include Correct copies of the note and all allonges to the note must be attached to the certification.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

State Activities: On February 28, New York AG Letitia James (D) announced that her office secured more than $650,000 from a debt collection law firm and its subsidiary for filing allegedly frivolous lawsuits and “harming … New Yorkers.” For more information, click here.