Archive for January 2011

NJ Court Allows Mortgage Assignee to Foreclose Despite Lost Note

In Bank of America v. Alvarado, BER-F-47941-08 (January 7, 2011), Alvarado obtained a mortgage loan from Washington Mutual in 2006. After the loan was closed, Washington Mutual lost the note. It made an Affidavit of Lost Note dated July 14, 2006. Ownership of the mortgage loan, which included the Affidavit of Lost Note, was subsequently

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Third Circuit – Communication by a Debt Collection Attorney with Debtor’s Counsel Actionable under FDCPA; No Litigation Privilege

In a blow to debt collection attorneys, the Third Circuit ruled that a letter sent by a foreclosure attorney to the mortgagee’s attorney could form the basis of a violation under 15 U.S.C. 1692f(1) of the Fair Debt Collection Practices Act. In addition, the debt collection attorney is not shielded by New Jersey’s common-law litigation

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Illinois Attorney Faces Discipline for FDCPA and Credit Restoration Referral Fees Paid to Non-Attorney

An Illinois attorney faces disciplinary discipline charges allegeing the attorney violated the Rules of Professional Conduct when he paid referral fees to a non-lawyer. The attorney was a principal in the “Consumer Credit Defense Network” (CCDN) self-styled as “a network of attorneys across the nation the nation . . . that specialize in the unsecured debt relief, negotiation

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