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Recently, the United States Court of Appeals for the Second Circuit vacated the dismissal of a complaint alleging a violation of 15 U.S.C. § 1692e when a debt collector that notified consumers of their account balance failed to disclose that the balance may increase due to interest and costs. Avila v. Riexinger, 2016 WL 1104776 (2d Cir. March 22, 2016). The Second Circuit oversees Connecticut, New York, and Vermont

On May 25, 2015, in an abrupt move to beat the summer recess, the Ohio House and Senate agreed to revisions to the Ohio foreclosure process, and the bill was submitted for the Governor’s signature.

The State of Wisconsin has reduced the length of foreclosure actions for any mortgage executed on or after April 27, 2016. For mortgages executed on or after April 27, 2016, a foreclosure on a one to four family residence that is owner-occupied at the commencement of the action, a farm, a church, or a tax-exempt charitable organization will have their redemption periods reduced as follows . . .

The Pennsylvania Office of Attorney General (“OAG”) takes the position in investigations related to the Unfair Trade Practices and Consumer Protection Law (“UDAP”)[1] that there is no statute of limitations applicable to actions by the OAG.

Minnesota's state law is somewhat similar to the CFPB rules on dual tracking, but has a large difference often initially overlooked by mortgage servicers.

The Utah legislature enacted two bills in its recent legislative session which have a significant effect upon Utah foreclosure and eviction laws. Each bill became effective on May 10, 2016. The following is a summary of the most significant changes: ...

On May 20, 2016, the Supreme Court of Texas issued a 6-3 opinion in the matter Wood v. HSBC and Ocwen. The Court concluded “that liens securing constitutionally noncompliant home-equity loans are invalid until cured and thus not subject to any statute of limitations.”

New Senate Bill 269 may help property owners sued for violation of handicapped accessibility (ADA) laws. It provides protection for claims filed on and after May 10, 2016. Previous law allowed handicapped people to sue property and business owners if the property violated handicapped accessibility codes, the handicapped person personally encountered accessibility barriers, and the handicapped person experienced difficulty, discomfort, or embarrassment because of the violation.

Compliance with the Servicemember’s Civil Relief Act, 50 U.S.C.S. § 3902 (“SCRA”), is something that servicers and practitioners must be vigilant about throughout the foreclosure and eviction processes.

The Supreme Court of the United States recently released a 6-2 opinion regarding the sufficiency of a claim based upon alleged statutory violations.