by Carol Lawson Esq | Sep 30, 2014 | Consumer Credit, Uncategorized
The Third Circuit rejected the debt collector’s argument that its notice did not constitute “debt collection” activity under the FDCPA. The Court affirmed the district court’s imposition of sanctions against the debt collector law firm, as the defendant law firm did not comply with the district court’s order to produce its invoices in discovery.
A copy of the opinion is available at: http://www2.ca3.uscourts.gov/opinarch/132015p.pdf
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Sep 30, 2014 | Consumer Credit, Uncategorized
The First Circuit, U.S. Court of Appeals affirmed a judgment against a debt collector for violation of the federal Fair Debt Collection Practices Act (“FDCPA”) where the debt collector’s debt validation notice contained an implied threat of imminent legal action.
The Court held that “for FDCPA purposes, a collection letter is to be viewed from the perspective of the hypothetical unsophisticated consumer.”
http://media.ca1.uscourts.gov/pdf.opinions/13-2478P-01A.pdf.
A debt collector must inform the consumer that he or she has thirty days (30) from receipt of the debt notice within which to dispute the debt the validation, and if the consumer disputes the debt, the debt collector must provide the consumer with verification of the debt. See 15 U.S.C. § 1692g(a)(3)-(4). If the consumer either disputes the debt or requests information concerning the identity of the original creditor within this thirty-day period, the debt collector must suspend collection efforts until it supplies such data. Id. § 1692g(b)
The Financial Services Regulatory Relief Act of 2006 amended the FDCPA to include that “[a]ny collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.” See Pub. L. No. 109-351, § 802(c), 120 Stat. 1966, 2006-07 (codified at 15 U.S.C. § 1692g(b)).
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Sep 30, 2014 | Foreclosure, Uncategorized
The Third District California Court of Appeal, affirmed the dismissal of the borrower’s complaint, ruling a wrongful foreclosure cause of action based on alleged defects in the assignment and securitization of the mortgage loan requires the borrower to demonstrate resulting prejudice.
The Court held that the Borrower lacked standing to challenge the transfer because she was not party to the assignment, nor was she the intended recipient of the assignment.
A copy of the opinion is available at: http://www.courts.ca.gov/opinions/documents/C071882.PDF
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Jul 21, 2014 | Loan Modification
A jury has awarded $16.2 million in damages to a Yuba County homeowner who nearly lost his home to foreclosure after his loan servicer botched his mortgage modification.
Phillip Linza, a homeowner in Plumas Lake, was awarded the damages after a three-year battle against PHH Mortgage Services, a loan servicer based in Mount Laurel, N.J. A Yuba County Superior Court jury decided on the award earlier this week.
Linza’s attorneys Andre Chernay and Jon Oldenburg of the United Law Center in Roseville, said the award included $514,000 in compensatory damages and $15.7 million in punitive damages. They said it ranked among the biggest jury awards they’ve encountered in years of representing homeowners in foreclosure and other mortgage-related cases.
This case involved a botched loan modification. The borrowers made all the trial payments as instructed.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
