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Tag Archives: Foreclosure
SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings
This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act. McCarthy & Holthus LLP (McCarthy) sent the petitioner, Dennis Obduskey, correspondence regarding the … Continue reading
Posted in Banking and Finance law
Tagged collectors, debt, firms, Foreclosure, NonJudicial, Proceedings, Rules, SCOTUS
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Supreme Court finds that foreclosure firm engaging in non-judicial foreclosure proceedings is not considered a debt collector under the FDCPA.
In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and therefore are not subject to regulation … Continue reading
Posted in Bankruptcy Law
Tagged Collector, considered, Court, debt, Engaging, FDCPA, finds, Firm, Foreclosure, NonJudicial, Proceedings, Supreme, under
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Countrywide Financial Fabricated Documents in Foreclosure Case
Countrywide Financial Corporation, formerly one of the nations biggest subprime lenders, has admitted to fabricating documents in a Pennsylvania womans bankruptcy case. The implementation of the so-called recreated letters took bankruptcy attorneys and judges by surprise. Read more detail on … Continue reading
Posted in Bankruptcy Law
Tagged case, Countrywide, Documents, Fabricated, Financial, Foreclosure
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Real Estate Foreclosure Process
Most home buyers cannot afford to pay for their homes. Instead, they purchase their home by taking out a loan. To secure the loan, creditors require that the home buyer sign two documents. The first is a payment note which … Continue reading
What are Possible Remedies for An Unlawful Foreclosure?
If your home has been foreclosed upon, you may be looking for possible remedies for what you may consider an unlawful foreclosure. In Washington state most foreclosure sales have to go through the Washington state non judicial foreclosure process. It … Continue reading