11 results for 'cat:"Debt Collection" AND cat:"Foreclosure"'.
J. Bland answers yes to the certified questions submitted by the U.S. Fifth Circuit Court of Appeals over whether state law allows a lender to rescind a previously accelerated loan while, in the same notice, re-accelerating the same loan. The statute does not provide specific requirements for how the notice of the loan's acceleration status is to be conveyed to the borrower.
Court: Texas Supreme Court, Judge: Bland, Filed On: February 23, 2024, Case #: 23-0525, Categories: debt Collection, Banking / Lending, foreclosure
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J. Rubin grants, in part, a debt collection law firm’s motion to dismiss this foreclosure case alleging that the mortgage servicer violated the fair debt collection laws. The citizen failed to prove the companies deceived her regarding the loan dismissing all claims but the fair debt collection law. The law firm failed to verify this debt in a timely response.
Court: USDC Maryland, Judge: Rubin, Filed On: December 4, 2023, Case #: 1:23cv452, NOS: Consumer Credit - Other Suits, Categories: debt Collection, foreclosure
J. Wilson finds the bankruptcy court properly applied law-of-the-case doctrine in granting summary judgment to the investment company which held the note on the other investment company’s building, which was being foreclosed-upon during that company’s bankruptcy proceedings. A cited, prior bankruptcy court order is internally contradictory and not instructive on whether it actually decided the correct amount that the company owed to the note holder. The court defers to the bankruptcy court’s reasonable interpretation that the company did own money. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: August 18, 2023, Case #: 22-30602, Categories: Bankruptcy, debt Collection, foreclosure