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How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?

Jimerson Firm

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. 718.116(6)(b), Fla. See Kelly v. Duggan , 282 So.

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What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

Businesses throughout Florida should be aware of consumer statutes that provide remedies to consumers and impose liability to businesses, even for small technical violations. Fair Debt Collection Practices Act. Florida Consumer Collection Practices Act (FCCPA). Tomlinson , No. Section 559.77

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11th Cir. Reiterates That TILA Periodic Statements May Violate FDCPA

Collection Industry News

Court of Appeals for the Eleventh Circuit recently held that periodic statements required by the federal Truth in Lending Act may violate the federal Fair Debt Collection Practices Act if they are not truthful and fair. After defaulting on their home loan, a foreclosure suit was instituted. Source: site.

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What Are “Actual Damages” Under the FCCPA and the FDCPA?

Jimerson Firm

The Florida Consumer Collection Practices Act (FCCPA) and the Fair Debt Collection Practices Act (FDCPA) are two pro-consumer statutes. Florida’s Consumer Collection Practices Act (FCCPA) Part 1: Understanding the FCCPA (jimersonfirm.com) . Jimerson Birr (jimersonfirm.com).

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How To Remove BYL Collection Services From Your Credit Report

Better Credit Blog

BYL Collections isn’t a household name, but it collects for several businesses across multiple industries. Based in Westchester, Pennsylvania, BYL is a third-party collections agency that was founded in 1998. The agency specializes in consumer collections, commercial collections, and medical device recovery.

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Emerging Trends In FDCPA Litigation Against Community Association Attorneys

FDCPA Defense

Attorneys and other entities that regularly engage in collection work for community associations may be subject to the requirements of the Fair Debt Collection Practices Act, 15 U.S.C. as well as analogous state laws governing the consumer collection process. The issue in Ho v. ReconTrust Co., filed (U.S.

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Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

Troutman Sanders

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. Department of Veterans Affairs, and the Federal Housing Finance Agency extended their foreclosure-related eviction moratoria until September 30.