On November 5, the Consumer Financial Protection Bureau issued a report detailing debt collection complaint statics received from older consumers between July 2013 and September 2014.
From a broader perspective, the CFPB reports that since September 2013, consumers of all ages have filed more complaints with the CFPB about debt collection than about any other
On October 16, the Second Circuit in Nigro v. Mercantile Adjustment Bureau, LLC, ruled against a debt collector by holding that the agency violated the Telephone Consumer Protection Act when it repeatedly called the plaintiff about his deceased mother-in-law’s debt. Despite the plaintiff providing the number called to the creditor, the Court of Appeals
New York Court administrators recently announced new rules impacting cases involving debt collector-plaintiffs with certain debt claims against consumers. As we discussed on May 7th when the proposed rules were announced, the new rules place a higher burden of proof on debt collector-plaintiffs to establish chain of title and that they actually own the debt
The Federal Reserve recently published its quarterly “Senior Loan Officer Opinion Survey on Bank Lending Practices,” based on a survey of large domestic and foreign banks. The survey suggested that the implementation of Ability-to-Repay and Qualified Mortgage rule has resulted in lenders making fewer loans. Under the Dodd-Frank Wall Street Reform and Consumer
The Consumer Financial Protection Bureau has announced an interpretive rule to assist heirs who, due to the death of a mortgagor, acquire title to a property and take over the mortgage. Specifically, the interpretative rule clarifies that heirs may be added to a mortgage without prompting the Ability-to-Repay rule, which took effect in January 2014.
On June 9, 2014, the House of Representatives unanimously passed H.R. 3211, the Mortgage Choice Act, which amends the Truth in Lending Act and the definition of “qualified mortgage” under the Dodd-Frank Act. The legislation was introduced by Representatives Bill Huizenga (R-MI) and Gregory Meeks (D-NY), and is intended to afford low and moderate income