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The Federal Trade Commission has banned those behind a student loan debt relief scam from providing debt relief services as part of a settlement that the agency announced earlier this week.
Claiming you have been the victim of identity theft is not enough to get a collection item removed from your credit report, a District Court judge in California has ruled, granting a defendant’s motion for summary judgment after the plaintiff claimed it violated the Fair Debt Collection Practices Act by continuing to report the debt … The (..)
A District Court judge in Washington has denied a defendant’s motion for judgment on the pleadings in a Fair Debt Collection Practices Act class-action case over alleged “junk” fees, ruling that the plaintiffs adequately pleaded plausible claims under the FDCPA and related state consumer protection laws. Learn more.
The Consumer Financial Protection Bureau yesterday announced a settlement with the National Collegiate Student Loan Trusts (NCSLTs) to resolve allegations of defective debt collection practices. If approved by the court, the stipulated judgment will require the NCSLTs to provide $2.25
Appeals Court Upholds Ruling for Call Center in Age Discrimination Case; Student Loan Debt Leads to Higher Chance of Heart Disease appeared first on AccountsRecovery.net.
A $24 million judgment has been entered against a collection agency and one of the agency’s co-owners has been ordered to divest himself of his ownership stake in the company that purchased the collection agency in question after it was accused by the Federal Trade Commission of collecting on “phantom” payday loans, “purported” (..)
The background: The case stemmed from attempts to collect on a 2007 mortgage loan. The plaintiff claimed he had paid off the 2004 loan, and argued that the 2007 loan was no longer valid due to a procedural issue: while the creditor had served a collection complaint in 2011, it never filed the complaint with the court. .”
Judge Recommends Denying Plaintiff’s Motion for Default Judgment Judge Dismisses Suit Challenging Student Loan Forgiveness Plan Majority of Americans Still Living Paycheck-to-Paycheck: Report 22 Companies Seeking Collection Talent WORTH NOTHING: Patients don’t appear to have any problems allowing AI into the examination room … A 13-year-old (..)
Would a least sophisticated consumer understand — when reading a collection letter related to the collection of a deficiency balance on her car loan — that the debt is a “consumer debt” as defined by the Fair Debt Collection Practices Act?
Because Lindell’s companies defaulted on payments, suits were filed in New York alleging MyPillow-related entities and Mike Lindell as a personal guarantor defaulted on the loans. Sometimes businesses that do not qualify for traditional loans look for alternative forms of funding.
The Federal Trade Commission has announced a settlement with the final defendant and “ringleader” of a student loan debt relief scam that bilked consumers out of nearly $9 million that will see the individual permanently banned from the debt relief industry and required to turn over assets to satisfy a $7.4 million judgment.
Judgment Ed. Begins Next Round of Student Loan Debt Forgiveness Plan Healthcare Consumers Place High Value on Communications, Most Will Switch if Expectations Are Not Met WORTH NOTING: Scientists are looking to rename 200 species of plants because […]
Industry Mourns Passing of Eric Foulk Judge Denies Competing Summary Judgment Motions in Case Over Whether Consumer Disputed Debt Teachers’ Union Sues MOHELA For Allegedly Mismanaging Student Loan Collections 23 Companies Seeking Collection Talent WORTH NOTING: Inside the 78 minutes that took down millions of Window’s computers last week … (..)
A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?
Complaint Accuses Collector of Filing Suit After Debt Had Been Paid Judge Denies Competing Summary Judgment Motions in FDCPA Case Over BK Encore Capital Reports Net Loss for 2023, but Says 2024 is Shaping Up to be a Banner Year Ed. More in Student Loans State Raises Nearly $23,000 for Special Olympics […] Cancels $1.2B
Lenders who move for summary judgment under Florida’s new summary judgment standard will likely enjoy more favorable outcomes. The court’s more rigorous review of attempts to withstand summary judgment will change expected litigation outcomes, impact litigation strategy, and largely benefits lenders. Guild of America, Inc.,
Ocwen Loan Servicing, LLC, No. Judge Grants Defendants Motion to Set Aside Default Judgment in FDCPA Case A District Court judge in California has denied a plaintiffs motion for default judgment and granted a defendants motion to set aside default in a Fair Debt Collection Practices Act 23-12578, 2025 U.S. LEXIS 2481 (11th Cir.
Getting loans, credit cards and other types of credit can be difficult for borrowers without a good credit history, queue, a credit builder loan. What Is A Credit Builder Loan. How Credit Builder Loans Work. Credit builder accounts work like this: It’s a small loan that as you pay to yourself.
A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.
A District Court judge in Indiana has dismissed claims against one credit reporting agency and granted another a motion for summary judgment in a Fair Credit Reporting Act case involving credit reporting, disputes, and bankruptcy.
Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. There are a number of steps you can take to improve your credit score and to make it likely that you can be approved for a loan. Apply for a Home Equity Loan or a Home Equity Line of Credit (HELOC).
A District Court judge has granted a defendant’s motion for summary judgment in a Fair Debt Collection Practices Act case, ruling that a voicemail it sent out to all its customers a few months after the start of the COVID-19 pandemic was not a communication in connection with the collection of a debt, even though … The post Judge Grants (..)
Debt Collectors Cited in CFPB Post about New Junk Fee Tactics The Consumer Financial Protection Bureau has intensified its scrutiny of junk fees in the financial marketplace, with debt collectors and loan servicers squarely in the crosshairs this time. 23, 2025 sets up a summary judgment showdown for July 2025.
Payday loan [p?-?d? A payday loan is short-term credit based on a borrower’s income and credit profile. Payday loans also go by other names, like a cash advance loan or check advance loan – and have even adopted such monikers as deferred deposit or deferred presentment. Why Should You Avoid Payday Loans?
When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Additionally, specific Federal regulations may also apply and provide additional requirements for lenders holding VA loans or FHA loans, or provide protections for service members. Florida State Laws.
When a small business association (“SBA”) loan is converted to liquidation status, the lender must begin liquidating the collateral. However, lenders should only use this option if it maximizes recovery on the SBA loan. draft settlement statement. See SOP 50 57.
In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.
The Consumer Financial Protection Bureau yesterday filed a lawsuit and a proposed stipulated judgment that will result in nearly $85 million in redress and penalties paid by a nationwide mortgage servicing company that was accused of engaging in unfair and deceptive acts when it failed to honor loan modification agreements it had entered into with (..)
The background: The case arose from an attempt to collect a debt owed by the plaintiff, who had defaulted on a loan that was later purchased by the defendant, a debt buyer. The debt buyer referred the plaintiff’s account to a collection law firm to pursue legal action. The ruling: In this ruling, Judge Anthony J.
Whether you’re making a big purchase or just refinancing some existing debt, a personal loan could help. But comparing loan options could take days — unless you use an online marketplace like Fiona which lets you compare personal loan offers side by side within minutes. How Fiona Loans Work. Fiona Loan Fees.
The Court of Appeals for the Tenth Circuit has upheld a ruling in favor of a defendant that was sued for obtaining a default judgment and garnishing the plaintiff’s wages after he defaulted on a student loan debt, by falsely claiming he was the victim of identity theft and claiming the defendants lacked standing to … The post Appeals Court (..)
One of those methods is through a loan modification. In this blog, we’ll share details about loan modification, who is eligible, how to obtain one to stop foreclosure, and how a lawyer for foreclosure can help. Foreclosure is when a lender exercises its right to seize your mortgaged property if you fail to repay your loan.
In December 2021, a federal judge granted a motion for summary judgment in Mitchell v. Specialized Loan Servicing LLC , holding that defendant Specialized Loan Servicing LLC (Specialized Loan) properly reported plaintiff Eric Mitchell’s (Mitchell) loan status by using a designation indicating “no payment history available this month.”
“Recoverable Expenses” are defined as SBA approved, necessary, reasonable, and customary costs incurred to collect and enforce the terms of the Loan Documents, or to preserve or dispose of collateral. Recoverable Expenses can be added to the principal balance of the loan. See SOP 50 51 3. lien searches; Title reports; and.
Oftentimes, individuals or businesses borrow money from a bank or lender, and unfortunately, are unable to pay the loan payments. In this event, the borrower may try to shift the blame of their inability to pay on the bank or lender, by filing a claim for negligent loan processing or underwriting, and/or breach of fiduciary duty.
The background: The plaintiffs claimed that the defendants attempted to collect student loans in violation of the FDCPA and New York state law. The plaintiffs alleged that the defendants used fraudulent means to collect debts that were too old to be legally enforceable.
Since the documents anticipate a default in payment by the buyer, why then do merchant cash advance companies record judgments in New York? Due to abuse, New York outlawed the practice of allowing confessions of judgments executed outside of New York to be filed within the state.
A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement differs based on the creditor’s industry, but that’s not the case. The remaining two cases were a reduced judgment from 2018 in the amount of $3,750.00
A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.
Are you wondering what documentation or proof you will need to provide in order to vacate a default judgment in New York? Similarly, do you need proof to vacate a judgment entered pursuant to a confession of judgment you signed outside of New York that was entered in New York before the law changed prohibiting this practice?
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