11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

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Second Circuit holds mortgagor’s written request for information does not qualify as a QWR when not sent to the QWR designated address * Second Circuit affirms dismissal of RESPA claims based on.

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Ellis, Painter, Ratterree & Adams, LLP, No. 10-14366, 2012 WL 1500108 (11th cir. May 1, 2012), the Eleventh Circuit ruled that a foreclosure firm conducting a non-judicial foreclosure could be liable under the Fair Debt Collection Practices Act ("FDCPA") for sending homeowners correspondence that includes false or misleading information.

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Smith v. Encore Credit Corp. (TILA/HOEPA/RESPA) [55] Defendants argue that all the federal claims and most of the state law claims are time-barred. The Court finds that all the federal claims are barred by the relevant statutes of limitations for the following reasons.

FORECLOSURE LAWFIRMS NOW AT RISK FOR FDCPA SUITS By: Hugh Wood, Atlanta, GA The United States Supreme Court seems to have thrown lawfirms that conduct foreclosures under the bus in a recent Fair Debt Collection Protection Act ("FDCPA") decision.

Your Christ is my Devil (10-18-11). The remainder was to come in the form of "credits" for reducing mortgage debt and other loan activities.. From the law firm Burr & Forman, LLP: The Eleventh Circuit Court of Appeals released an opinion earlier this month that could give foreclosure.

Unless the debt has been reaffirmed, a Chapter 7 discharge relieves an individual debtor from personal liability for mortgage debt and prevents the mortgage servicer from taking any collection actions against the debtor personally. For more information on Chapter 7 bankruptcy, see Practice Note, Chapter 7 Liquidation: Overview (W-000-6231).

McCormick, No. 15-3983, (8th Cir. U.S. Court of Appeal) recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial.

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