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As a creditor who is owed money because you extend financing as part of your business or because you have a judgment against someone, the law protects your interests. Even if there are limitations on how you can collect that debt, you have a right to repayment unless...
Trying to grow a new business can be an exciting prospect, but it can also be extremely challenging. Any commercial venture comes with a certain level of risk, and there are numerous issues that business owners can face -- especially when just getting started....
Every good debt collector knows that the first communication with a consumer concerning the collection of a debt must be accompanied by, or within five days followed by, a debt validation notice (“DVN”) under the Fair Debt Collection Practices Act (“FDCPA”), 15 USC §...
Savvy lenders are aware that state statutes of limitations can impact their rights to enforce delinquent loans. It will also come as no surprise that the pandemic’s two-year enforcement delay, coupled with the foreclosure moratoria, pre-pandemic repayment agreements,...
For purposes of federal jurisdiction, no harm means no foul. As early as Marbury v. Madison (1803), the Supreme Court recognized that the function of the courts, and not Congress or the Executive, is to redress the grievances of individuals, but that the jurisdiction...
In my prior blog post on the subject, I discussed the Tiger Lily ruling of the U.S. Court of Appeals for the Sixth, which invalidated the CDC’s eviction moratorium for the states covered by that federal court – Ohio, Kentucky, Michigan, and Tennessee. Similar cases...
The Consumer Financial Protection Bureau (CFPB) has resolved a lawsuit against a debt collection enterprise and its owner. Bureau of Consumer Financial Protection v. Fair Collection & Outsourcing, Inc., D.C. Maryland No. 8:19-cv-02817. The CFPB alleged that the...
The Consumer Financial Protection Bureau (CFPB) has amended RESPA Reg. X, concerning mortgagees’ early intervention and loss mitigation requirements, by granting significant new rights to homeowners exiting mortgage loan forbearance or experiencing payment hardship...
In a lawsuit filed by residential property owners and managers, a panel of the U.S. Court of Appeals for the Sixth Circuit held, on July 23, 2021, that the CDC lacked authority under the Public Health Service Act to impose a nationwide eviction moratorium. Tiger Lily...