Mortgage Lenders News

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

All foreclosures are not the same. In an HOA lien foreclosure action, a homeowners association, a non-profit corporation or limited liability company sues a homeowner to foreclose a statutorily-authorized lien for non-payment of some amount alleged to be owed pursuant to the terms of the community’s governing documents.

Rare Safe Harbor Victory for Homeowner Associations Meaning of Florida "Safe Harbor" for HOA. House in HOA was foreclosed and FNMA purchased it at auction; estoppel prepared, now FNMA wants to know if the HOA will agree to follow "FL Safe Harbor". If.

Oklahoma: Process period takes 186 days; no redemption period; and the foreclosure is instituted by the sheriff. Oregon: process period takes 150 days; sale will be publicized 30 days following foreclosure; redemption period of 180 days; and the state practices a non-judicial foreclosure process.

[7] Banks and the foreclosure law firms. well as other state courts also take the position that the enforcement of a security interest alone, with no effort to collect money from the debtor, does.

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Courts That Say the FDCPA Does Not Apply to Foreclosures. Other courts have found that foreclosure activity is not covered by the FDCPA. This view is based on the premise that mortgage foreclosure involves the enforcement of security interests, which is not necessarily the same as collecting a debt.

Instead, McCarthy initiated a nonjudicial foreclosure action. Obduskey sued, alleging that McCarthy failed to comply with the FDCPA’s verification procedure. The District Court dismissed on the ground that McCarthy was not a "debt collector" within the meaning of the FDCPA, and the tenth circuit affirmed.

Once you default on your monthly home loan payments, your lender has the right to start the process of foreclosure. However, even though your bank has initiated the foreclosure process, you do have some options to try during the pre-foreclosure period to try to avoid losing your home.

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Titled Collecting debt on junior liens Ohio Revised Code Section 1349.72 now states in part:. for sending required notices that meet both federal and state law. to all others is not a necessary party in a foreclosure action initiated by a. takes the property subject to the senior mortgagee's prior mortgage.

Debt collectors may repeatedly call a consumer threatening legal action if a debt. bank accounts that are not subject to garnishment actions on the part of debt collectors. Lastly, laws should be introduced at the state and federal level to protect. received may have been initiated before the creditor was aware of the filing.

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