NINTH CIRCUIT FINDS FUNDS FRAUDULENTLY TRANSFERRED BY DEBTOR TO BE PART OF CONVERTED CHAPTER 7 ESTATE

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Earlier this year the Bankruptcy Appellate Panel for the Ninth…

DCA FINDS BORROWER WAIVED PRE-FORECLOSURE RIGHT TO FACE-T0-FACE MEETING

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In 2019, Bank of America (“BOA” or “the Bank”) appealed…

FEDERAL COURT FINDS LOAN ORIGINATOR IS NOT A DEBT COLLECTOR AS DEFINED BY THE FDCPA

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The Eleventh Circuit Court of Appeals recently affirmed the district…

COURT REVERSES DISMISSAL AND ENTERS JUDGMENT FOR BANK FINDING BANK HAD STANDING TO ENFORCE LOST NOTE

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Last month the Third DCA reversed the lower court’s dismissal…

COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM

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This month the Sixth Circuit Court of Appeals affirmed the District…

UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT

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Earlier this month the Second DCA dismissed an appeal of a final…