In Milburn v. SN Servicing, LLC, a district court in the Ninth Circuit denied a defendant’s motion for summary judgment regarding the plaintiffs’ allegations that the defendant violated the Fair Debt Collection Practices Act and Oregon Unlawful Debt Collection Practices Act in its mortgage servicing activity. In denying summary judgment, this decision serves as
Recently, the New York Court of Appeals issued decisions in four cases related to applying the statute of limitations to foreclose on a mortgage in New York. Most notably, in Freedom Mortgage Corporation v. Engel, the Court of Appeals established a bright-line rule that when the acceleration of a mortgage debt occurs by filing a
A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No. 1:20-cv-02162-BAH, 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021).
Plaintiff Charnita Proctor sued First Premier Corp. (FPC) for
In a statement recently disseminated to all Consumer Financial Protection Bureau (CFPB) personnel, Acting Director Dave Uejio set forth new priorities for the CFPB’s Supervision, Enforcement, and Fair Lending Division (SEFL), specifically around providing COVID-19 relief to consumers and racial equity.
In the statement, Uejio communicated his belief that “strong oversight” can make a
The Consumer Financial Protection Bureau (CFPB) signaled Thursday that it may seek to delay implementation of the agency’s recently completed qualified mortgage and debt collection rules. Although the qualified mortgage rule is set to become effective on March 1, 2021 (and the debt collection rule on November 20, 2021), delaying either could lead to a
A group of state attorneys general, led by New York A.G. Letitia James, are attempting to stop the Office of the Comptroller of the Currency (“OCC”) from implementing its new True Lender Rule that is now in effect. The state attorneys general allege that by implementing the Rule, the OCC is once again fostering
In anticipation of the “GSE patch” expiring, the Consumer Financial Protection Bureau (“CFPB”) issued several final rules in 2020 to amend Regulation Z (“Reg. Z”). Concerns have existed that the expiration of the GSE patch would restrict consumer mortgage credit unless the CFPB created a permanent version of the GSE patch or revised the General
On December 15, 2020, the Board of Commissioners for Polk County, Florida voted to accept an additional $2,812,299.00 of funding from the March 27, 2020, CARES Act (the Act), part of which will be used to provide rental assistance to residents of Polk County. The rental assistance comes in the form of the Polk County
In a new decision slated for publication, the Sixth Circuit weighed in on an issue under the Fair Debt Collection Practices Act (FDCPA): whether a “benign language” exception exists to a flat prohibition of substantive information appearing on an envelope containing a letter from a debt collector. The Sixth Circuit took a strict reading of
Troutman Pepper represented the defendant/appellee in Wanda Daughtry, et al v. Jeffrey Nadel, a case in which the appellants argued that a foreclosure action filed six years after the borrowers defaulted was time-barred. The case concerned whether Maryland’s default three-year statute of limitations for “actions at law” applied to a foreclosure action. The Court