Entries by damg

CFPB Updates Its Supervision and Examination Manual as to TILA and RESPA, Issues “‘Know Before You Owe’ Mortgage Shopping Toolkit”

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The Consumer Financial Protection Bureau (“CFPB”) recently released two updates to its Supervision and Examination Manual: (1.) “TILA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (January 2014), and Mortgage Servicing Requirements (January 2014)” A copy is available at: […]

IL App Ct Vacates Foreclosure Due to Alleged HAMP Violation, But Rejects Borrower’s Challenge to Notice of Sale

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The Illinois Appellate Court, First District,  vacated an order confirming a foreclosure sale and remanded the matter for an evidentiary hearing, where the mortgagee allegedly moved forward with a foreclosure sale despite an allegedly pending FHA-HAMP application. http://ow.ly/IHcjh This dual tracking is common throughout the country and many times the foreclosure attorney and the loss […]

FL App Ct (4th DCA) Reverses Dismissal of Foreclosure Based on Missing Original Note

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The District Court of Appeals of the State of Florida, Fourth District, reversed the involuntary dismissal of a bank’s mortgage foreclosure action. The bank filed the original promissory note prior to trial, but at trial the parties discovered that it was missing from the court file. The bank tried to introduce a copy into evidence, […]

Florida Trial Court Rules Mortgagee’s Notice Including Info as to Overdue Payments, Amount of Arrears Was Not an Attempt to Collect a Debt

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Robinson v Wells Fargo (FCCPA, Brevard County FL) A Florida trial court  held that a mortgagee’s direct communication to a borrower regarding funds applied to the loan (which included information as to overdue payments, amount of arrears, and the status of loss mitigation) did not constitute a debt collection communication, and therefore did not violate […]

Fair Debt Collection Act and Offer of Setttlement

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The U.S. Court of Appeals for the Eleventh Circuit held that a settlement offer for alleged violations of the federal Fair Debt Collection Practices Act does not deprive the district court of subject matter jurisdiction due to mootness, if the settlement offer does not also include an offer of judgment.       http://www.ca11.uscourts.gov/opinions/ops/201112413.pdf Carol A. Lawson, Esq., […]

Happy Three Kings Day

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Epiphany, commonly known as Three Kings’ Day in the United States, is on January 6. It celebrates the three wise men’s visit to baby Jesus and also remembers his baptism, according to the Christian Bible’s events. The United States (US) Virgin Islands observe the day as a public holiday. Epiphany marks the beginning of the […]

Happy Boxing Day

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Boxing Day is on Friday, December 26, 2014. Boxing Day is a holiday traditionally celebrated the day following Christmas Day, when servants and tradepeople would receive gifts, known as a “Christmas box”, from their bosses or employers,[1] in the United Kingdom, Canada, Hong Kong, Australia, New Zealand, Kenya, South Africa, Guyana, Trinidad and Tobago, Jamaica […]