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FORECLOSURE LAWFIRMS NOW AT RISK FOR FDCPA SUITS By: Hugh Wood, Atlanta, GA The united states supreme court seems to have thrown lawfirms that conduct foreclosures under the bus in a recent Fair Debt Collection Protection Act ("FDCPA") decision.
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Second Circuit holds mortgagor’s written request for information does not qualify as a QWR when not sent to the QWR designated address * Second Circuit affirms dismissal of RESPA claims based on.
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One court found that a FCRA plaintiff, who was a mortgage loan officer, had insufficient evidence to avoid summary judgment on his claim for damages due to a higher interest rate, when he only provided his testimony about discussions with the creditor’s representatives and testimony from his co-worker and himself.FN41 There, the plaintiff.
The bankruptcy court found that the debtor’ misrepresentations of the value or existence of a number of assets in the schedules he filed and in the testimony he gave during the creditors meeting amounted to a violation of 727(a)(4)(A), which provides that a bankruptcy court should deny discharge if the debtor knowingly or fraudulently, in.