Troutman Sanders

FEBRUARY 26, 2021

SN Servicing, LLC , a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity.

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Jimerson Firm

MAY 17, 2021

In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing. What is Standing? Craven-Lazarus v. Pennymac Holdings, LLC, 199 So.

Foreclosure 52

Foreclosure Lender Judgment Banks 52

Jimerson Firm

AUGUST 7, 2020

The Act codifies existing common law in Florida regarding the right to have a receiver appointed by the court in commercial foreclosure actions, and provides much needed clarity, predictability, and uniformity on the standard for the appointment of a receiver and the powers of receivers. What is the Purpose of the Act?

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Jimerson Firm

JULY 20, 2020

In 2013, the Legislature enacted Section 702.015 , Florida Statutes, which sets forth new pleading requirements for residential foreclosure actions. At that time, the Legislature requested the Florida Supreme Court to amend the Florida Rules of Civil Procedure to provide expedited foreclosure proceedings in conformity with Section 702.015.

Foreclosure 52

Foreclosure Banks Judgment Financial services 52

Jimerson Firm

MAY 24, 2021

How Do Property Taxes Result in Loss of Collateral? If the borrower is delinquent in paying its property taxes, a tax certificate may be sold for the past-due taxes, which could lead to a tax deed sale of the collateral. How to Get a Deficiency Judgment After a Foreclosure Sale.

Collateral 52

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FFGN COLLECT NY

FEBRUARY 2, 2021

In order to decide which route to take, you will need to consider the costs and fees involved in each of the scenarios, the legal process, the likelihood of success in obtaining judgment, and the likelihood of converting the judgment into cash. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases.

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Mechanic’s Liens Foreclosure Judgment Collateral 40

Debt Free Colorado

DECEMBER 9, 2021

Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. The lender protects the borrower against foreclosure. Unsecured debt is debt without collateral. Collateral guarantees debt repayment. and the majority of court judgments.

Chapter 13 bankruptcy 75

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 75

Debt Free Colorado

APRIL 9, 2020

They will feel obligated to protect their interest in the collateral (your car) and can move quickly to repossess after only a few missed payments. You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. Coronavirus Car Payment Relief Programs.

Student loans 81

Student loans Student Loans Chapter 13 bankruptcy Chapter 7 bankruptcy 81

PBWT

DECEMBER 22, 2020

In Sutton , a real estate developer faced a UCC foreclosure of a large condominium project in Manhattan when the developer/borrower failed to repay a mezzanine loan upon maturity. Bankruptcy Code to delay the foreclosure. Because the bankruptcy case took several months, the foreclosure was delayed by almost a year.

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Collection Industry News

MAY 18, 2021

2547, the Non-Judicial Foreclosure Debt Collection Clarification Act, which would reverse the unanimous decision made by the Supreme Court of the United States (SCOTUS) in 2019. Clarify FDCPA coverage for non-judicial foreclosures. Specifically, the organizations opposed Title VIII of H.R.

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Lender Foreclosure Collections Debt collector 40

Sawin & Shea

MAY 2, 2024

Enter Sawin & Shea, LLC – a firm with over 50 years of combined experience in bankruptcy services, dedicated to providing compassionate and non-judgmental representation to individuals and families in need. Secured obligations have collateral attached, such as a mortgage secured by your home or an auto loan secured by your vehicle.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Unsecured Debt 52

Debt Free Colorado

MARCH 3, 2023

A court judgment that states that a person is not required to pay back some debts is given to those who abide by the bankruptcy laws and are granted a discharge. Are you at risk of falling into foreclosure, being evicted, or having your utilities cut off? Do Bankruptcies Come in Different Types? What Can’t Bankruptcy Do?

Bankruptcy 52

Bankruptcy Chapter 13 bankruptcy Credit Counselor Chapter 7 bankruptcy 52

Troutman Sanders

AUGUST 1, 2023

For example, some institutions incorrectly reduced the amount reported to the extent that the uninsured deposits are collateralized by pledged assets. The OAG initially filed the lawsuit in June 2021, and as part of the judgment, between $450,000 and $2.5 For more information, click here. For more information, click here.

Financial services 52

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Troutman Sanders

MAY 2, 2023

On April 26, the CFPB issued an advisory opinion, reminding the industry that a debt collector who brings or threatens to bring a foreclosure action to collect a time-barred mortgage debt may violate the Fair Debt Collection Practices Act. government securities, cash, and repurchase agreements collateralized by U.S.

Financial services 52

Financial services Trade Government Consumer Credit 52

Troutman Sanders

FEBRUARY 13, 2024

The judge stated that since Genesis never transferred the assets, they cannot be considered as collateral pledged by the debtor. However, the judge found that the contracts between Genesis and Gemini clearly required a transfer for the assets to be pledged as collateral. The final settlement required the defendants to pay $10.9

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