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The FDCPA and Foreclosures: Ninth Circuit District Court Denies Defendant’s Motion for Summary Judgment on All Counts

Troutman Sanders

In denying summary judgment, this decision serves as a reminder to servicers to ensure a thorough review of correspondence from a borrower to evaluate whether they may file for nonjudicial foreclosure without implicating the FDCPA or state collection laws. In that case, the plaintiffs fell behind on their mortgage payments.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

And possibly the most common question people ask is credit card debt is secured or unsecured. Secured vs Unsecured Debt: What’s the Difference? In broad terms, if a debt is secured, it means it is backed up by collateral property. If a debt is unsecured, no collateral is put up as a guarantee to pay.

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Sixth Circuit Holds Consumer Has No Standing to Bring FDCPA Claim

Consumer Financial Services Law

. §1692e(11) because it did not disclose the communication was from a debt collector. Pursuant to our conversation, I informed you that we have received the executed Warranty Deed in Lieu of Foreclosure signed by the Hagy[s]. At a minimum, the court’s opinion should provide debt collectors with some solace against the absurd.

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Passage Of Debt Collection Bill Could Be A ‘Slippery Slope’ For Lenders

Collection Industry News

While consumer groups praised the bill for its recourse for consumers harassed by debt collectors, CUNA and NAFCU saw the bill as complicating the legal relationship between consumers, members and lenders. Require debt collectors to obtain consent before using electronic communications and provide written validation notices.

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How Much Debt Is Needed to File for Bankruptcy?

Sawin & Shea

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. Dischargeable debts are those that can be eliminated through bankruptcy.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

An amendment in the NDAA to update the Fair Debt Collection Practices for Servicemembers Act passed in the Senate by a vote of 95-2. Examiners found that debt collectors continued collection attempts for work-related medical debt after receiving sufficient information to render the debt uncollectible under state worker’s compensation law.

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10 Common Questions About Bankruptcy

Debt Free Colorado

For instance, it may permit the restructuring of debts due to “secured” creditors, or creditors who have an interest in assets like a mortgage or a car loan, but it typically won’t abolish those debts. Are you at risk of falling into foreclosure, being evicted, or having your utilities cut off?