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On Friday, September 13, the Alabama Supreme Court issued three significant opinions concerning Alabama’s law of foreclosure and ejectment. Although those decisions put to rest some of the uncertainty concerning the jurisdictional nature of defenses to an ejectment action and when a foreclosure actually takes place, they raise new issues concerning standing in general and foreclosures.

A proposed class action out of Florida alleges that law firm Duane Morris LLP and two of its attorneys engaged in illegal debt collection activity with regard to an apparently delinquent mortgage. Behind the case is a consumer who claims she received two demand letters from the defendants in April 2019 concerning a delinquent mortgage loan.

The alleged loan extension agreement had been the subject of GIPP’s counterclaim against the Bank in the foreclosure action. The state court, relying on Turkey Creek, Inc. v. Londono, 567 So.2d 943 (Fla. 1st DCA 1990), granted the Bank’s Motion for Summary Judgment on the ground that the claim for tortious interference should have been raised.

Although Florida is a judicial foreclosure State (meaning, that a foreclosure action must be filed with the Court to start the action), Colorado does not require the filing of a case in order to.

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"Collections Law" by Charles B. Jimerson, Esq Reiterating Warren, the Court explained that enforcement of a security interest alone is not debt collection for purposes of the FDCPA. Given the 11th Circuit’s precedent, the District Court was compelled to dismiss Gillis’s FDCPA claims. Gillis failed to allege any act that would constitute debt collection under the FDCPA.

The bank, Wells Fargo, then initiated foreclosure. HUD regulations, however, say that if there is a branch of the servicer within 200 miles of the property, a property may not be foreclosed on until there is a face-to-face meeting with the homeowner.

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Bank that initiated foreclosure action not subject to state debt-collection law By Thomas G. Wolfe, J.D. Recently, a Florida appellate court was called to review whether a note-holding bank that initiated a foreclosure action against the real property of a pair of homeowners was subject to a provision of the Florida Consumer Collection Practices Act (FCCPA) governing debt-collection assignments.