On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against...more
5/11/2020
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Debt Collection ,
Debt Collectors ,
Enforcement Actions ,
Free Speech ,
Moratorium ,
Separation of Powers ,
State Attorneys General ,
TRO ,
UDAP ,
Unfair or Deceptive Trade Practices
On April 29, 2020, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule allowing certain consumers to modify to waive certain waiting periods required under the Truth in Lending Act (TILA) and the Real...more
5/6/2020
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Mortgages ,
Regulation Z ,
Rescission ,
RESPA ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Truth in Lending Act (TILA) ,
Waiting Periods ,
Waivers
On April 22, 2020, the Federal Housing Finance Agency announced that it is allowing Fannie Mae and Freddie Mac (the “GSEs”) to purchase loans that go into forbearance within the first month after closing. Previously, the GSEs...more
On April 2, 2020, in light of the COVID-19 pandemic, Governor Ron DeSantis of Florida entered Executive Order 20-94, requiring a 45-day suspension of “any statute providing for a mortgage foreclosure cause of action under...more
Among a myriad of disruptions to the economy caused by the COVID-19 pandemic, mortgage lenders and servicers are working to adapt to new moratoriums and regulations affecting residential mortgage loans....more
In an opinion issued recently, Florida’s Fifth District Court of Appeal joined other Florida appellate courts in holding that the five-year statute of limitations to bring an action to enforce a promissory note and/or...more
Last week, Florida’s Fifth DCA and Second DCA issued two seminal opinions; Klebanoff v. Bank of N.Y. Mellon, and Huntington National Bank v. Watters, which clarify the cloud of uncertainty that had engulfed the statute of...more
In an order issued yesterday, Judge Dalton of the Middle District of Florida held that in a non-bankruptcy context, allegations that collection of a mortgage debt is barred by the statute of limitations do not form a...more
1/11/2017
/ Consumer Bankruptcy ,
Debt Collection ,
Declaratory Judgment Act ,
FCCPA ,
FDCPA ,
Florida ,
Foreclosure ,
Mortgages ,
Residential Real Estate Market ,
Statute of Limitations ,
Time-Barred Debt
With its recently-issued opinion in Elsman v. HSBC Bank USA as Trustee for MLMI 2006-AF1, slip op. 5D14-1753, 41 Fla. L. Weekly D57b, 2015 WL 9491875 (Dec. 31, 2015), the Fifth DCA has added to a growing body of case law...more
In Russell v. Aurora Loan Services, LLC, 40 Fla. L. Weekly D967a (Fla. 2d DCA Apr. 24, 2015), Florida’s Second District Court of Appeal added to the emerging line of case law regarding the proof required to establish standing...more
A recent opinion issued by the Sixth Judicial Circuit in and for Pasco County, Florida, sitting in its appellate capacity, provides further insight regarding what constitutes a violation of section 559.72(18) of the Florida...more