Remove Financial services Remove Foreclosure Remove Legal Rights
article thumbnail

Sixth Circuit Examines Who is a Debt Collector for Purposes of FDCPA Section 1692(f)(6)

Consumer Financial Services Law

1692f(6) by dispossessing her of her personal property when there was no legal right to possession. The mortgagee, the bank, pursued a nonjudicial foreclosure of the property. 1692f(6) by dispossessing her of her property when there was no legal right to possession. PRINCIPAL PURPOSE. 1692(a)(6) (emphasis added).

article thumbnail

What is the Difference Between the FDCPA and the FCCPA?

Jimerson Firm

3d at 1213 (awarding $50,000 in emotional distress damages where plaintiffs suffered prolonged stress, anxiety and sleeplessness for over two and a half years, as a result of the defendant repeatedly threating plaintiff’s with acceleration and foreclosure); Barker v. Had actual knowledge that the right did not exist. Tomlinson , No.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Can a Lender Pursue Debt Collection After a Charge Off and 1099-C Issuance?

Jimerson Firm

Banks and credit unions that understand their legal rights following the issuance of a 1099-C can likely continue collection efforts to recover debts that have been previously written off. In following In re Reed , the court similarly noted “that it would be inequitable to find otherwise.” Conclusion.

Lender 98
article thumbnail

Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Consumer Financial Services Law

Please note, however Nationstar reserves the right to exercise its legal rights, including but not limited to foreclosure of its lien interest, only against the property securing the original obligation. 524’s discharge injunction.