Multiple courts throughout the United states are addressing claims brought against debt collectors for alleged violations of § 1692c(b) of the Fair Debt Collections Practices Act (“FDCPA” or the “Act”) and reaching conflicting conclusions. On rehearing, the Eleventh Circuit in Hunstein again concluded that both legislative history and the judgment of Congress favored a finding […]
Multiple courts[i] throughout the United States are addressing claims brought against debt collectors for alleged violations of § 1692c(b) of the Fair Debt Collections Practices Act (“FDCPA” or the “Act”) and reaching conflicting conclusions. We previously discussed § 1692c(b) in our May 2021 eBlast on the Eleventh Circuit’s holding in the Hunstein[ii] case. Since then, […]
In September 2020 the CDC and HHS issued an agency order (“Agency Order”) temporarily banning residential evictions in the United States to slow the spread of COVID-19. Under the Order Courts are required to stay a residential eviction if the tenant files an affidavit attesting to certain facts. The CDC provided a form affidavit (“CDC […]
In September 2020, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) issued an agency order (“the Agency Order” or “Order”) temporarily banning residential evictionsi in the United States to slow the spread of COVID-19.ii Under the Order Courts are required to stay a residential eviction if […]
The United States Bankruptcy Court for the Southern District of Ohio recently announced a Mortgage Modification Mediation Program (“MMM Program”) to facilitate negotiations and expedite the settlement process between debtors and creditors within the bankruptcy proceedings. The MMM Program is optional and does not prevent direct negotiations between the debtor and creditor outside of the […]
Florida’s Third DCA affirmed a foreclosure judgment entered in favor of US Bank National Association (“US Bank” or “the Bank”) finding the Bank proffered competent, substantial evidence that the borrower breached the terms of a modified note and mortgage. 3499 Saraev Properties, LLC v. US Bank Nat’l Ass’n, 3D19-1208, 2020 WL 5032471, at *1 (Fla. […]
Quick but important read! Last month, Florida’s Third DCA affirmed a foreclosure judgment entered in favor of US Bank National Association (“US Bank” or “the Bank”) finding the Bank proffered competent, substantial evidence that the borrower breached the terms of a modified note and mortgage. 3499 Saraev Properties, LLC v. US Bank Nat’l Ass’n. The […]
Earlier this month the Third DCA affirmed the lower court’s order denying relief from a foreclosure judgment despite the borrower’s assertion that the judgment was void due to procedural deficiencies pertaining to Deutsche Bank’s substitution into the case as the plaintiff. Van Tran v. Deutsche Bank Nat’l Tr. Co., No. 3D19-2215, 2020 WL 4642208 (Fla. […]
Earlier this month the Third DCA affirmed the lower court’s order denying relief from a foreclosure judgment despite the borrower’s assertion that the judgment was void due to procedural deficiencies pertaining to Deutsche Bank’s substitution into the case as the plaintiff. Van Tran v. Deutsche Bank Nat’l Tr. Co.i In Van Tran, the initial plaintiff, […]
The Florida Supreme Court accepted jurisdiction to resolve a certified conflict between the Fourth and Second DCAs regarding what testimony a qualified witness must proffer in order to lay the foundation for admission of business records, initially identified as hearsay, in a foreclosure matter. Jackson v. Household Fin. Corp. III, No. SC18-357, 2020 WL 3580036 […]
