Lenders who purchase mortgage loans after a prior lender loses the note face significant challenges to foreclosing under the commonly accepted practice in Massachusetts. Harmonizing existing Massachusetts Supreme Court precedent with the state UCC may offer a solution.
The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of an award of attorney’s fees to a debtor who settled his claims against a debt collector for purported violations of the federal Fair Debt Collection Practices Act and parallel state law consumer protection statutes.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s dismissal of the plaintiffs' claims in consolidated cases brought under the federal Fair Debt Collection Practices Act against a debt collector law firm, after the debt collector law firm failed to meet evidentiary burdens in various collection lawsuits.
The Supreme Court of Ohio recently affirmed the dismissal of a borrower’s complaint for a writ of mandamus and a writ of prohibition filed against the successor to trial court judges who presided over a foreclosure action in which judgment was entered against the borrower.
On April 7, the Consumer Financial Protection Bureau (CFPB) issued a Proposed Rule that would postpone the effective date of the Debt Collection Final Rules, Part 1 and Part 2, by 60 days, from Nov. 30, 2021, to Jan. 29, 2022.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s dismissal of allegations that the defendant violated the federal Fair Debt Collection Practices Act (FDCPA) by sending a collection letter threatening litigation over a time-barred or "out-of-statute" debt and filing a lawsuit seeking to collect the debt.
The Court of Appeal of the State of California, Fourth Appellate District, recently affirmed a trial court’s order denying the defendant’s motion to compel arbitration.
The Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home.
The federal Telephone Consumer Protection Act can no longer apply to devices that do not “us[e] a random or sequential number generator,” according to an April 1 decision from the U.S. Supreme Court.
On March 19, Sen. Robert Rodriguez (D), Chair of the Business, Labor & Technology Committee, and Sen. Paul Lundeen (R), Minority Whip, introduced Senate Bill 21-190 that would create the Colorado Privacy Act.
On March 15, the California Office of the Attorney General announced that additional regulations relating to the California Consumer Privacy Act (CCPA) had been approved, effective immediately.
The U.S. Court of Appeals for the Sixth Circuit recently denied an emergency motion to stay a trial court’s order ending the federal Centers for Disease Control and Prevention’s moratorium on residential evictions.