Non-party Countrywide, the lawsuit says, initiated a mortgage foreclosure action against the plaintiffs, who, in January 2017, received statements from Bank of America indicating they owed nearly $200,000, and that their homestead property in Tampa was added to the Vacant Property Registration the previous month.
Reiterating Warren, the Court explained that enforcement of a security interest alone is not debt collection for purposes of the FDCPA. Given the 11th Circuit’s precedent, the District Court was compelled to dismiss Gillis’s FDCPA claims. Gillis failed to allege any act that would constitute debt collection under the FDCPA.
Paterson (2016) Off-duty Paterson cop found guilty of firing handgun during dispute in 2016 A Paterson cop has been found guilty from a 2016 off-duty shooting in the city’s downtown section where he fired his gun.
In an extrajudicial foreclosure, the mortgagee need not initiate an action in court but may simply file an application before the Clerk of Court to secure attendance of the Sheriff who conducts the public sale. This is done pursuant to a power of sale. Note that these two modes specifically apply to real estate mortgages.
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Account Holder One who maintains a deposit account with the bank to make deposits and withdrawal by cheques or cash as per agreed terms and condition; a person, a firm, or a company maintaining accounts with banks for deposits and withdrawals as per agreed terms and conditions.
Sixth Circuit Court of Appeals elected not to follow the view adopted by the majority of district courts, and decided instead that "mortgage foreclosure is debt collection under the [FDCPA]." As a consequence, law firms, and in some instances loan servicers, that foreclose in Ohio, Michigan, Kentucky, and Tennessee, may be held liable for.
The alleged loan extension agreement had been the subject of GIPP’s counterclaim against the Bank in the foreclosure action. The state court, relying on Turkey Creek, Inc. v. Londono, 567 So.2d 943 (Fla. 1st DCA 1990), granted the Bank’s Motion for Summary Judgment on the ground that the claim for tortious interference should have been raised.
B. Underlying Foreclosure Action 6 In 2012, Walworth State Bank initiated a foreclosure action against the owners of units 18 and 19, a single family residence. The Complaint named Abbey Springs as a defendant in that action due to its claim of unpaid assessments attributable to the property. In January 2013, the Walworth County Circuit
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