Bank that initiated foreclosure action not subject to state debt-collection law

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Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed.

The Fair Debt Collection Practices Act (FDCPA) is usually thought of as a law used to fight the abusive tactics of aggressive debt collection agencies, but homeowners in foreclosure sometimes bring FDCPA claims to fight the action.. Read on to learn more about the FDCPA and whether the FDCPA can help you if you’re a struggling homeowner facing foreclosure.

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The firm nevertheless initiated the non-judicial foreclosure action and the borrower sued the firm for failure to comply with the Fair Debt Collection Practices Act. The firm argued that it is not a debt collector and therefore not subject to the myriad of limitations imposed by the Fair Debt Collection Practices Act. The Supreme Court agreed.

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the pendency of the foreclosure action, as O Co.’s corporate existence and identity continued in the resulting bank, O Co.’s assets, including the decedent’s note, vested in the resulting bank by operation of law and without any deed or transfer, this action was not abated, discontinued,

Rule 3408. Mandatory settlement conference in residential foreclosure actions. * (a) In any residential foreclosure action involving a home loan as such term is defined in section thirteen hundred four of the real property actions and proceedings law, in which the defendant is a resident of the property subject to foreclosure, plaintiff shall file proof of service within twenty days of such.

McCarthy Holthus LLP is whether the definition of “debt collector” under the Fair Debt Collection. abide by state foreclosure law is to allow Congress to interfere in state foreclosure procedure -.

The Bureau has also received encouragement from industry to engage in rulemaking to resolve conflicts in case law and address issues of concern under the Fair Debt Collection Practices Act (FDCPA), such as the application of the FDCPA to modern communication technologies under the 40-year-old statute.