Mortgage loans

Bankruptcy News Briefs 8/9

Midweek Headlines…

Credit Card Debt Reaches Record While Consumer Borrowing Pace Slows

Trump’s Plan to Implode ObamaCare Will Leave (Even More) Unpaid Medical Bills

Since Bank Canceled Debt by Issuing a 1099-C, it No Longer Had Mortgage on Debtors’ Home Under State Law

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

Sixth Circuit: Firm’s Post-Foreclosure Conduct Does Not Violate FDCPA

Amazon Prime, eBay Passwords Sought from Bankruptcy Debtors

Chris Christie Signs Law Limiting How Much New Jersey Students Can Borrow

CFPB pushes Zillow to settle on RESPA violations

Siding with CFPB

NACBA Webinar Lineup!

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy 
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 8/7

Let’s Kick Off A  New Week…

Fed Consumer Financial Expectations Surveys Show Outlook on Credit Access

What Makes a Lien “Judicial”?

Latest CFPB Consumer Survey Proposal Receives Mixed Review; One Industry Separates Itself from Another

Overdraft Fees Cost US Consumers $15B In 2016

Government Should Not Deprive Seniors in Nursing Homes of Their Day in Court

CFPB Orders Bank to Pay $4.6 Million Penalty for Violating FCRA Requirements for Checking Account Screening Reports

Buffalo becomes ‘ground zero’ for abusive debt collectors

Huge Collection Fees Making It More Difficult For Cash-Strapped Students To Afford College

Debtor’s Furniture Rental Agreement Is Lease to Assume or Reject

Betsy DeVos Announces Plan To Revamp Student Loans By 2019

Student Loan Debt Is Not Hurting The Economy

Ex-Wife who Pursued Modification of Divorce Judgment Without First Getting Stay Relief Had to Pay Damages to Debtor

FDCPA Bona Fide Error Defense Did Not Protect Debt Collector Despite Following Controlling Precedent, En Banc Seventh Circuit Rules

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havana, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/4

Headlines Closing Out the Week…

Acting Comptroller of the OCC Will Not File Petition to Stay CFPB Arbitration Rule

ED Update: RFP Process and Litigation Continues in Private Collection Agency Selection

Two FDCPA Class Actions Dismissed, Citing Supreme Court Ruling in Midland v. Johnson

Debtor Can Remove Tax Liens Against Personal Property

Having met the Residency Requirements, Even a “Bad Actor” like this Debtor, may Claim Florida’s Homestead Exemption

Debtor had No Claim for Discrimination against Employer under §525 where she Failed to Show Bankruptcy was the Sole Reason for Termination

Chapter 13 Trustee Must Pay Debtor’s Attorney’s Fees before Refunding Money to Debtor in Chapter 13 Cases Dismissed Pre-Confirmation

DOJ will be allowed to join Ocwen’s challenge to constitutionality of CFPB

Ch. 7 Debtor Can’t Reopen Case After Paying Fee Late

Illinois Federal Court Dismisses FDCPA Claims Focused on “Bounced Check” Language in Collection Letter

Citi Report Draws Frightening Parallel Between Student Loans and the Mortgage Crisis

Down But Not Out: The Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses to Combat Revocation of Consent Claims

Decline in personal bankruptcy filings slows

6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Hot Off the Press! Read the Summer Edition of the Consumer Bankruptcy Journal!

 

 

 

 

 

 

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

 

Bankruptcy News Briefs 8/1

A New Month With New Headline

CFPB Issues Compliance Bulletin on Fees for Phone Payments

Operation Choke Point Lawsuit Requires FDIC to Release Documents

First Party Servicing on Medical Accounts: The Federal and State Landscape Continues to Shift

Debtor Could Not Manipulate Debt Limits for Chapter 13 Eligibility by Making Preferential Pre-petition Payments

Rothfus’ legislation would overturn “anti-consumer” rule

New Bankruptcy Rules Effective December 1, 2017, Will Impact Financial Institutions

The Fair Debt Collection Practices Act: Time for an Update?

OCC sounds alarm on CFPB arbitration rule, welcomes Congressional repeal

46 Year-Old Debtor, who Earned $63,000/year and Supported Adult Child Failed First Prong of Brunner Test and Could Not Discharge Student Loans

Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

New NACBA Webinars

 

 

Check out these upcoming webinars for August and Register Today!

Reverse Mortgages & Bankruptcy
Date: Thursday, August 10, 2017, 12:00 PM Eastern to 1:00 PM Eastern
Presented by: Tara Twomey, Esq.
Cost: $25 NACBA Member / $75 Non Member
Register HERE

LinkedIn for Lawyers: 10 Steps to Unlock the Power of Social Media
Date: Thursday, August 24th, 3:00 PM Eastern to 4:00 PM Eastern
Presented by: Stephen Fairley, Founder and CEO of The Rainmaker Institute
Cost: NACBA Member Benefit, No Cost
Register: HERE

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/25

What’s Happening In Bankruptcy News…

FTC Halts Scammers Impersonating Legitimate Debt Collection Businesses

U.S. Rep. Marsha Blackburn Introduces Draft FCC Reauthorization Bill

Student loan borrowers herded into default, face a relentless collector: the U.S.

Federal Court in Indiana Refuses to Dismiss lawsuit over Collection Agency Obtaining a Credit Report While Attempting to Collect Delinquent Rent

CFPB Director Informs Consumer Advisory Board That Bureau Will Not Shy Away From Issuing Debt Collection Proposed Rule

Pennsylvania Establishes Consumer Financial Protection Unit

Secured Creditor Violated Discharge Injunction by Claiming Amount in Excess of its In Rem Claim on Collateral

Don’t Strip Consumers Of Their Right To A Day In Court, Say Advocates, Senators

The Bankruptcies That Would Follow an Obamacare Repeal

Mortgage Deficiency Judgment Liens Are Avoidable

From Forbearance To Garnishments: 5 Things We Learned About Student Loan Debt Collection

CFPB loses court battle over RESPA violations

CFPB enforcement actions plummet

7 facts about CFPB mortgage and debt complaints

Regulatory Alert: Debt Collection

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/24

Monday’s Headlines…

5th Circuit: Funds Held in IRA Lost Exempt Status When Debtor Withdrew Funds but Did Not Complete a Rollover of the Funds into another IRA, as Required by State Law

6th Circuit: Chapter 7 Trustee Could Not Forcefully Evict Debtors from Homestead by Tendering Payment Equal to the Value of their Exemption

After Denying Debtor’s Motion for Sanctions Where Creditor Sold Debtor’s Property at Auction Days After Petition Date, Judge Offers “Best Practices” Advice to Counsel

The CFPB’s Consumer Complaint Database: The Next Battle Between Regulators And Legislators

Court Finds M&T Bank in Contempt for Violating Discharge by Failing to Properly Credit Mortgage Payments Made under Confirmed Plan

Mini-CFPB? Pennsylvania attorney general launches consumer financial protection unit

In a Clear Signal to CFPB and White House, FTC Announces CID Process Improvements

FCC Focuses on Consumer Protection From Robocalling and TCPA Violations

Student loan debt has grown 250% in the last 10 years — here’s where grads owe the most

Don’t celebrate yet: Here’s why that $5 billion in student loan debt won’t be forgiven

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

Exciting Upcoming Events!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

NACBA 2018 Cruise! Get ready to set sail on the Empress of the Sea on November 29th-December 3rd 2018! Visit Havan, Cuba and Nassau, Bahamas while learning with NACBA! Registration is open!

Bankruptcy News Briefs 7/21

Headlines Wrapping Up the Week…

Congress Moves to Take Away Consumers’ Right to Day in Court

Breaking News: CFPB Publishes Update to Debt Collection Rulemaking Timeline

DOR May Not Collect Child Support Arrearage Outside Plan

These are the worst states for student debt

Debtor who Filed Chapter 13 Soon After his Ex-Wife Sued him in State Court to Enforce Equitable Distribution Award Did Not File Case in Bad Faith

Controversial CFPB Rule Exposes Financial Services Companies To Greater Class Action Risk

FTC Announces Charges Against Debt Collection Operation for FDCPA and FTC Act Violations

Medical debt relief is coming

Measure calling for Maine to pay down student debt stalls in Legislature

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Register for NACBA’s August Webinar

Did you enjoy yesterday’s webinar? Well, get ready for another stellar webinar in August! Register Today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

Bankruptcy News Briefs 7/20

End of the Week Headlines…

CFPB Releases Effective Date for Arbitration Rule

Consumer Credit Delinquencies Increase in First Quarter

Consumer’s Credit Repair Agreement Becomes Issue in Collection Dispute

Challenges to Tax Exempt Status of Bankrupt Non-Profits

5th Cir. Holds Debt Collector’s Obligation to Report Debt as Disputed Not Limited By § 1692g

Big Bank Bankruptcy Bill Back on Table; Will It Prevent Meltdown?

CFPB Enforcement Actions Fall Off in Second Quarter

Ch. 13 Trustee Must Return Plan Payments on Dismissal

Republicans launch Congressional Review Act challenge to CFPB class-action rule

New York attorney general investigates student debt collector for missing paperwork

Judge denies law firm’s motion to dismiss debt collection lawsuit

Houston Debt Collection Lawyer Hit with $25 Million DTPA Judgment

Recent Bankruptcy Decision from the Western District of Wisconsin Discusses Negative Equity, Car Loans, and the Chapter 13 Cram Down

Today is the Day! Are You Registered?

 

 

 

 

 

 

 

 

 

 

Register Today!

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

 

 

Bankruptcy News Briefs 7/19

What’s Happening in Midweek News?

Big Changes to West Virginia Debt Collection Laws Now in Effect

How New Credit Reporting Guidelines May Impact Consumers…and Lenders

Automatic Stay Does Not Preclude Criminal Restitution Collection

CFPB ignores request from OCC to postpone arbitration rule

Poll: Voters Support CFPB, Strict Financial Regulation

The economy has improved but money worries persist

Debt collector must face suit for accessing credit report

Second Circuit Holds that Contractually-Given Consent Cannot be Revoked Under TCPA

Consumers Making Less Than $40K Per Year Worried About Paying Off Debt

What kind of financial shape is your state in?

Annual bankruptcy filing total could approach 800K

Free of debt — with regrets

1,600 lawsuits filed in Colorado courts against students delinquent on school loans

Third Circuit Confirms That One Call Is All for TCPA Violation

District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing

Register for Tomorrow’s Webinar!

 

 

 

 

 

 

 

 

 

Don’t  miss tomorrow’s informative Webinar with O. Max Gardner III and Bobby Rivera as they discuss the following topics:

  • Finding the Investor or Guarantor of the Loan
  • Pooling & Servicing Agreements
  • GSE Published Guidelines
  • “Standard Modifications” and basic terms of some Proprietary Mod Programs
  • Common Terms & Formulas used in all Loan Modifications
  • Streamlined Mods and Not So Streamlined Mods
  • How Servicers Pick Loans for Alternative Mod Products
  • How to Determine Which Mods Your Client Can really Qualify for and How to Get them
  • How to Select the Right Client

Register Today!

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!

 

Bankruptcy News Briefs 7/18

In Today’s News…

Debtors Have Standing to Seek Abandonment

The Comptroller Has Asked The CFPB To Delay The New Arbitration Rule

FCC Attempts to Address Thorny Debt Collection Issue

FTC Shuts Down Another Fake Debt Collector

As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away

FTC: Fraudsters Posed As Attorneys In Debt Collection Scheme

Florida man files claim against Bank of America, credit-reporting agencies over bankruptcy

Homeowners seek to halt Wells Fargo loan changes in high-profile bankruptcy case

How Unintended Consequences of a Federal Law Can Put Attorneys at Risk

Washington Update

Krista DAmelio gives you the latest update from Washington! Stay informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks with NACBA. Read it today!

NACBA’s Webinar Summer Lineup

Learn more about these timely and informative webinars and register today!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Renew Your Membership  For a Chance to Win This Great Resource!

It’s a new month and that means when you renew your membership in July you are automatically entered to win a copy of NCLC Consumer Bankruptcy Law and Practice Volume I & II, Eleventh Edition (Value $130). Two winners will be selected at random each month.

Introduce a New Member to NACBA & Receive a $25 Amazon Gift Card! 

In honor of NACBA’s 25th Anniversary, we want to reward you with a $25 Amazon Gift Card! Introduce a new member to NACBA and we will send you $25 Amazon Gift Card. Not only will YOU receive a $25 Amazon Gift Card but the NEW MEMBER will also receive a $25 Amazon Gift Card! Check out the requirements and start referring today!

Save the Date for the 2018 NACBA Annual Convention on April 19-22 at the Sheraton in Downtown Denver!