Bank that initiated foreclosure action not subject to state debt-collection law

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v. Dep’t of Ins. of State of Ind., 425 N.E.2d 203, 206 (Ind. Ct. App. 1981). Regarding Lunsford’s claim that Deutsche Bank does not exist and, therefore, lacked standing to bring the foreclosure action, Indiana Trial Rule 9(A) provides that although it is not necessary to prove that a party has the capacity to sue or be sued or that

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What Happens When You Are Sued By A Debt Collector in District or Small Claim Court in Alabama Supreme Court: Nonjudicial Foreclosure Firms Are Not Subject to. of “debt collector” in an effort to avoid conflicts with the states' nonjudicial foreclosure schemes. law to be sent to a borrower before the foreclosure is initiated is exempt from the FDCPA. Bank of America, N.A., 738 F.3d 168, 179 (3rd Cir.

Smaller firms that are not subject to supervision would still be required to follow any applicable consumer financial laws, including any new rules adopted by the CFPB. They would also be subject to.

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It applies only to outside, or third-party debt collectors (not creditors. Took or Threatened to Take Negative or Legal Action. There are also state laws that are in place regarding debt collection. It is not a bank advertiser's responsibility to ensure all posts and/or.. I began disputing this in Jan 2013.

The Consumer Financial Protection Bureau has sued debt-collection law firm forster. doctrine that is the subject of the CFPB’s lawsuit against our firm.” “The FDCPA [Fair Debt Collection Practices.

Draper & Goldberg, P.L.L.C., 443 F.3d 373, 375-77 (4th Cir. 2006), where it held that a law firm that provided notice that it was preparing foreclosure papers and thereafter initiated foreclosure proceedings could be a debt collector as defined by the FDCPA.

The United States District Court for the Middle District of Florida has issued. is not "collection of any debt" under the Fair Debt Collection Practices Act, note, the bank and its attorneys initiated a foreclosure action in state court.. the notice would be collection activity under the FDCPA and be subject to.

“debt collector” under the Fair Debt Collection Practices Act.. collector” subject to damages under the FDCPA because the. Thus, actions taken to facilitate a non-judicial foreclosure, not allege the ability to repay in order to state a rescission claim.. After Ho began missing loan payments, ReconTrust.

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