Entries by Adam Diaz

FDCPA & FCCPA CLAIMS AGAINST SERVICER | KEY POINTS

The Eleventh Circuit Court of Appeals issued a concerning opinion last week wherein it reversed the Middle District Court of Florida’s dismissal of a borrower’s FDCPA and FCCPA claims against servicer Select Portfolio Servicing, Inc. (“SPS”). Daniels v. Select Portfolio Servicing, Inc., No. 19-10204, 2022 WL 1639012 (11th Cir. May 24, 2022). Daniels took out […]

FLORIDA FEDERAL APPELLATE COURT REVERSES DISMISSAL OF BORROWER’S FDCPA & FCCPA CLAIMS AGAINST SERVICER

The Eleventh Circuit Court of Appeals issued a concerning opinion last week wherein it reversed the Middle District Court of Florida’s dismissal of a borrower’s FDCPA[i] and FCCPA[ii] claims against servicer Select Portfolio Servicing, Inc. (“SPS”). Daniels v. Select Portfolio Servicing, Inc., No. 19-10204, 2022 WL 1639012 (11th Cir. May 24, 2022). Daniels took out […]

HELOC & REVERSES DISMISSAL KEY POINTS

Florida’s Fourth DCA issued an opinion reversing a Palm Beach circuit court which dismissed US Bank’s foreclosure complaint against Steven and Dorothy Grob (the Grobs) based on US Bank’s alleged lack of standing. US Bank National Assoc., etc. v. Grob, 4D21-1456 (Fla. 4th DCA March 30, 2022). US Bank filed a foreclosure complaint after the […]

FLORIDA SUPREME COURT REINFORCES | Key Points

Last month the Florida Supreme Court held the bank was entitled to foreclose its reverse mortgage despite the fact the co-mortgagor still resided at the property. WVMF Funding v. Palmero, 2021 WL 2583960 (Fla. June 24, 2021). The Court refused to deviate from its established precedent which prioritized the terms of the note in the […]

FEDERAL APPELLATE COURT EXPANDS FDCPA | Key Points

Last month the U.S. Court of Appeals for the Eleventh Circuit clarified and effectively expanded provisions of the Fair Debt Collection Practices Act (“FDCPA”) in Hunstein v. Preferred Collection & Mgmt. Services, Inc., 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21, 2021). In Hunstein, a consumer debt collector (“Preferred”) hired a third-party company (“Compumail”) to […]

FEDERAL APPELLATE COURT EXPANDS FDCPA PROTECTIONS

Last month the U.S. Court of Appeals for the Eleventh Circuit clarified and effectively expanded provisions of the Fair Debt Collection Practices Act (“FDCPA”) in Hunstein v. Preferred Collection & Mgmt. Services, Inc., 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21, 2021). In Hunstein, the debtor (Hunstein) incurred debt due to medical treatment his son […]

FLORIDA DCA CLARIFIES | Key Points

Wells Fargo Bank filed foreclosure proceedings against Hartz based on non-payment of Hartz’s VA insured mortgage. Hartz v. Wells Fargo Bank, N.A., 1D19-759, 2021 WL 1439732, at *1 (Fla. 1st DCA Apr. 16, 2021). Hartz pled that the Bank failed to comply with federal regulations which pertained to VA insured loans and which regulations created […]