In Lampert v. Weltman, Weinberg & Reis Co., LPA, plaintiff Debbie H. Lampert filed suit in the United States District Court for the Central District of Illinois against a debt collection agency, alleging that defendant Weltman, Weinberg & Reis Co., LPA violated the Fair Debt Collection Practices Act when it failed to cease collection
S. Mohsin Reza
No Duty to Safeguard Property After Default
In a recent decision, the United States Court of Appeals for the Second Circuit affirmed a district court’s ruling that a defendant lender and its property preservation company did not owe the plaintiff homeowner a duty to act to prevent theft or damage to his property. The case is Malick v. JP Morgan Chase Bank…
Adding Collection Fee to Student Loan Debt Did Not Violate FDCPA
In a recent decision, the United States District Court for the Southern District of New York found that the inclusion of a collection fee in a post-default collection letter sent by a debt collection company did not violate the Fair Debt Collection Practices Act.
In Ossipova v. Pioneer Credit Recovery, Inc., et al., No.…
Complimentary Webinar: Recent Developments in State-Level Regulation of the Student Loan Servicing Industry on August 22
Complimentary Webinar: August 22, 2019, from 3:00 pm – 4:00 pm
Over the past year, several states have passed legislation aiming to regulate the student loan servicing industry due to a perceived failure by the federal government to more heavily regulate it nationwide.
Troutman Sanders attorneys have ample experience defending against laws and regulations similar …
Consumer Financial Service 2018 Year in Review & A Look Ahead
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on …
Promotions Among CFS Blog Contributors
Effective January 1, Troutman Sanders promoted 13 attorneys to the partnership, including Virginia Flynn and Ethan Ostroff, two active contributors to the Consumer Financial Services Law Monitor blog. In addition, contributors Mohsin Reza and James Trefil were promoted to counsel, and Kyle Deak was named the managing partner of Troutman Sanders’ Raleigh …
Amendments to Reg CC Adopting Presumption of Check Alteration Go Into Effect on Jan. 1, 2019
As America’s check collection system continues to move away from being paper-based, the Federal Reserve Board is updating the liability provisions of Regulation CC to reflect this reality. After receiving comments on its proposed rule from financial institutions, trade associations, clearinghouses, and others, the Board published a final rule that amends Subpart C of Regulation …
Virginia Supreme Court Clarifies Statute of Limitations for Mortgagor Contract Claims
In a victory for mortgage lenders and servicers, the Virginia Supreme Court held on September 27 that Virginia’s five-year statute of limitations for a breach of contract claim based on a deed of trust begins to run when the loan is accelerated – not when a foreclosure sale is held much later.
By way of…
CFPB Issues Update to Its Supervision and Examination Manual
On June 22, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued its third update to its exam procedures for mortgage servicers. In its press release, the CFPB stated that mortgage servicers should “note a greater emphasis” on complaint handling, responses to requests by borrowers, and fair lending issues. According to the CFPB, the update…
Federal Housing Administration Proposes Rule for its Reverse Mortgage Program
On May 19, 2016, the Federal Housing Administration proposed a rule that would codify several changes to FHA’s Home Equity Conversion Mortgage (HECM) program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013. The proposed rule would…