And even though a first-party creditor, like your bank, is not subject to the rules of the FDCPA, the Dodd-Frank Act, various state laws and Section 5 of the Federal trade commission (ftc) all prohibit banks and other first-party lenders from engaging in unfair, deceptive or abusive practices in their own collection activities.
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If you are a homeowner facing foreclosure and there has not been a proper assignment of mortgage, depending on state law, you might be able to challenge the foreclosure. Read on to learn more about assignments, why they are important, and find out what to do if you suspect there wasn’t a valid assignment of mortgage in your case.
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Subscribe to Collection and Foreclosure RSS Feed. a debt collector was shielded from liability under the Fair Debt Collection Practices Act when. of defending a foreclosure action while trying to refinance their property and stay in their homes.. The United States District Court for the Southern District of Ohio ( the “District.
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CFPB Files SCOTUS Amicus Brief; Argues FDCPA Does Not Apply To. foreclosure under Colorado law was not a debt collector as defined under the. in countless non-judicial foreclosure actions, it could have a significant. state law and effectively preclude compliance with state foreclosure procedures.
Deutsche Bank National Co. Plaintiffs initiated this action in state court, alleging a claim under the Fair Debt Collection Practices Act, as well as claims for declaratory judgment and quite title. On 6th Oct.,2005. Virginia Debt Collection Laws. The Virginia legislature has not written a law similar to the federal Fair Debt Collection Practices Act.
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In addition to federal legislation, New Jersey collection practice is subject to the restrictions of the New Jersey Fair Debt Collection Practices Act (N.J.S.A. 4-18-1 . et seq.). Rules of Court: The New Jersey Rules of Court set forth the state Rules of Professional Conduct as well as the rules controlling actions in the Superior Court.
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