Bank that initiated foreclosure action not subject to state debt-collection law

MEMORANDUM gerald austin mchugh United States District Judge. In 2012 Wells Fargo brought a mortgage foreclosure action. Cause: 15 U.S.C. 1692 Fair Debt Collection Act.. It does not appear that Hoffmann submitted any dispute to PHDJ, LaSalle Bank, N.A., 629 F.3d 364 , 368 n.5 (3d Cir.

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Courts That Say the FDCPA Does Not Apply to Foreclosures. Other courts have found that foreclosure activity is not covered by the FDCPA. This view is based on the premise that mortgage foreclosure involves the enforcement of security interests, which is not necessarily the same as collecting a debt.

This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection. When McCarthy initiated a.

Tuesday, August 2, 2016 Bank that initiated foreclosure action not subject to state debt-collection law By Thomas G. Wolfe, J.D.

Scotland does not have a pre-action protocol and creditor agents need only be licensed if pursuing a consumer debt that is protected under the Consumer Credit Act. United States. Within the United States, debt collection and debt collectors are subject to both state and federal regulation.

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Worse, with the petition’s dismissal, the foreclosure proceedings. Under the law, any creditor or group of creditors with a claim of at least P1 million or 25 percent of the subscribed capital.

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All foreclosures are not the same. In an HOA lien foreclosure action, a homeowners association, a non-profit corporation or limited liability company sues a homeowner to foreclose a statutorily-authorized lien for non-payment of some amount alleged to be owed pursuant to the terms of the community’s governing documents.

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On Friday, September 13, the Alabama Supreme Court issued three significant opinions concerning Alabama’s law of foreclosure and ejectment. Although those decisions put to rest some of the uncertainty concerning the jurisdictional nature of defenses to an ejectment action and when a foreclosure actually takes place, they raise new issues concerning standing in general and foreclosures.

The community homeowners’ association (SHHOA) and U.S. Bank separately initiated nonjudicial foreclosure proceedings.

v. Dep’t of Ins. of State of Ind., 425 N.E.2d 203, 206 (Ind. Ct. App. 1981). Regarding Lunsford’s claim that Deutsche Bank does not exist and, therefore, lacked standing to bring the foreclosure action, Indiana Trial Rule 9(A) provides that although it is not necessary.