Creditors' Rights Blog

On 28 December 2015, the Consumer Financial Protection Bureau and a large Atlanta debt collection law firm, Frederick J. Hanna & Associates, P.C. (including several individual attorney defendants), entered into a Stipulated Final Judgment and Order (“Order”) with respect to Hanna’s debt collection lawsuit practices that the CFPB alleged violated the Fair Debt Collection Practices Act.
A decision in late December 2015 from New Jersey, albeit unpublished and therefore lacking precedential value, explores the risk a law firm takes when it relies, without performing due diligence, on information provided by its loan servicer client as to both the types of fees and costs the servicer claims the borrower owes, as well as the amount owed.  In Psaros v. Green Tree Servicing, LLC, 2015 WL 9412922 (U.S.D.C.
The Federal Rules of Civil Procedure are designed, in part, to promote judicial economy and efficiency in the conduct of litigation.  One particular rule supporting this goal is Rule 13(a), which requires:
The United States Circuit Court for the 4th Circuit, which governs Delaware, Maryland, North Carolina, South Carolina, Virginia and West Virginia issued a significant published opinion favorable to creditors in Henson v. Santander Consumer USA, Inc., No. 15-1187 (4th Cir. March 23, 2016).
When a substitute trustee holds a resale of the secured property following the failure of the highest bidder at the sale to comply with his bid, N.C.G.S.
On March 31, 2016, President Obama signed into law S. 2393, the “Foreclosure Relief and Extension for Servicemembers Act of 2015,” which amends the Servicemembers Civil Relief Act by extending certain existing protections from foreclosure proceedings.

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