News & Analysis as of

Mortgage Servicers Non-Judicial Foreclosures

Hinshaw & Culbertson - Consumer Crossroads

The Texas Supreme Court Has Spoken: Mortgage Servicers May Rewind and Restart the Statute of Limitations Clock Within the Same...

Last week, the Texas Supreme Court answered the Fifth Circuit’s certified question as to whether simultaneous rescission and reacceleration can reset the limitations period under Texas Law by holding that “a rescission that...more

Baker Donelson

Will FDCPA Apply to Non-Judicial Foreclosures?

Baker Donelson on

Does the Fair Debit Collection Practices Act (FDCPA) apply to non-judicial foreclosures? This is a question of enormous import to the mortgage servicing industry, as the FDCPA is a common subject for class action claims and...more

Bradley Arant Boult Cummings LLP

Second Bites at the Apple in Florida Foreclosures May Not Be so Sweet: New Appellate Court Cases Raise the Specter of Statute of...

Financial services companies pursuing judicial foreclosures in Florida already face a host of unique and challenging hurdles. The varying and often-times court- or judge-specific procedural, substantive, and evidentiary...more

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