The Eleventh Circuit released an Opinion on April 21, 2021, related to the Fair Debt Collection Practices Act (FDCPA), which is a must-read for all in the business of servicing loans or collecting debts. The Eleventh Circuit...more
The Telephone Consumer Protection Act (TCPA) is always the subject of litigation. The United States Supreme Court recently ruled that the government debt exception, which was added to the statute in 2015, was...more
Alert October 23, 2020 Due to the economic impacts of COVID-19, many states have issued moratoriums on foreclosures and evictions. Some of those moratoriums have expired. However, even if a lender is now able to obtain a...more
10/23/2020
/ Administrative Orders ,
Borrowers ,
California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Delinquent Borrowers ,
Emergency Orders ,
Eviction ,
Executive Orders ,
Florida ,
Foreclosure ,
Hardship Extensions ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
New York ,
Residential Property Owners ,
State and Local Government ,
Texas
Florida’s Governor Desantis has extended Executive Order Number 20-180 to 12:01 a.m. on October 1, 2020. The Executive Order, titled “Limited Extension of Mortgage Foreclosure and Eviction Relief” provides, in relevant...more
9/5/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Florida ,
Forbearance Agreements ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
State and Local Government ,
Tenants ,
Texas ,
Time Extensions
Two federal enterprises who purchase and securitize mortgages, Fannie Mae and Freddie Mac, along with three federal agencies who make, guarantee, and insure mortgage loans, the Department of Housing and Urban Development...more
8/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Veterans Affairs ,
Executive Orders ,
Fannie Mae ,
Federal Housing Administration (FHA) ,
FHA Loans ,
Foreclosure ,
Freddie Mac ,
HUD ,
Loan Servicer ,
Loan Servicing ,
Moratorium ,
Mortgages ,
Relief Measures ,
State and Local Government ,
Time Extensions ,
USDA ,
Vacant Properties
Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to...more
On April 1, 2020, as the nation was in the beginning stages of its COVID-19 shutdown and companies, including financial institutions, encountered operational challenges, the CFPB released a statement on supervisory...more
On Tuesday, the Consumer Financial Protection Bureau issued a Bulletin entitled Consumer Reporting FAQs Related to the CARES Act and COVID-19 Pandemic. The CFPB’s Bulletin reminds creditors that compliance with the Fair...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Amongst its many provisions is an amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA) that adds...more