Webinar: The FDCPA and Estimates of Mortgage Lenders’ Costs

Providing statements of the amount due, or of the amount required to cure a default – such as in Notices of Intention to Foreclose, periodic statements, and the like — has become risky for mortgage servicers under a recent ruling from the U.S. Court of Appeals for the Third Circuit.

The ruling, Kaymark v. Bank of America, involved a foreclosure complaint, which included projected fees and costs that had not yet been incurred at the time the complaint was filed. Ultimately the costs were incurred, but the court found that the foreclosure complaint’s inclusion of the projected fees and costs in the amounts due stated a claim for violation of the federal Fair Debt Collection Practices Act (FDCPA).

Kaymark likely impacts what a mortgage servicer can include in periodic statements, Notices of Intent to Foreclose, and other disclosures of amounts due or amounts required to cure a default, at least in the Third Circuit (Delaware, New Jersey, Pennsylvania and the Virgin Islands).

On July 9 at 2 p.m. Eastern, we’ll examine Kaymark and its implications for the mortgage industry. Joining me for this presentation are Maurice Wutscher attorneys Ernest Wagner and Patrick Tira. Admission to the presentation is limited to industry participants and their counsel Registration closes July 8 at 3 p.m.register now

Date: July 9, 2015
Time: 2 p.m. Eastern
Length: One Hour
Cost: Free

Because this is a closed presentation, we will not offer continuing education credit.

Confirmed registrants will receive an email on July 8 with a link to the program and program materials.

 

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Donald Maurice provides counsel to the financial services industry, successfully litigating matters in the state and federal courts in individual and class actions. He has successfully argued before the Third, Fourth and Eighth Circuit U.S. Courts of Appeals, and has represented the financial services industry before several courts including as counsel for amicus curiae before the United States Supreme Court. He counsels clients in regulatory actions before the CFPB, and other federal and state regulators and in the development and testing of debt collection compliance systems. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to DBA International and as chair of the ABA's Bankruptcy and Debt Collection Subcommittee. He serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers and on the Governing Committee of the Conference on Consumer Finance Law .