Attorney Roy Diaz examines the fallout from case of Hunstein v. Preferred Collection & Management Services, regarding whether communication among debt collectors and third-party vendors constitutes a concrete injury for purposes of Article III Standing.

Attorney Roy Diaz discusses a recent Florida Court decision where an affidavit was insufficient in creating a genuine issue, and entered a foreclosure judgment in favor of Bank of New York Mellon against two borrowers.

Multiple courts throughout the United States are addressing claims brought against debt collectors for alleged violations of § 1692c(b) of the Fair Debt Collections Practices Act (“FDCPA” or the “Act”) and reaching conflicting conclusions. The Eleventh Circuit granted rehearing and issued ...

Editor's note: This story originally appeared in the January edition of DS News, available here.  In the effort to make our way through the impact of an unprecedented pandemic, every industry in our country has made necessary adjustments to a very ...

Earlier this month, the Fourth DCA of Florida reversed a circuit court’s dismissal of Lakeview Loan Servicing, LLC’s (“Lakeview” or “the Bank”) foreclosure complaint. Lakeview Loan Servicing v. Walcott-Barr. The DCA found the Bank presented sufficient evidence to show it ...

The United States Bankruptcy Court for the Southern District of Ohio recently announced a Mortgage Modification Mediation Program (MMM Program) to facilitate negotiations and expedite the settlement process between debtors and creditors within the bankruptcy proceedings. “The MMM Program shall ...

A legal expert examines a recent decision in Florida where a defendant claimed the foreclosing bank didn’t properly prove the right to foreclose. The Court disagreed, and here’s why.

The Chair of the Legal League 100 provides insights into a recent ruling that has implications for financial services attorneys in the Sunshine State.

Florida’s Second District Court of Appeals reversed a judgment of dismissal entered against U.S. Bank and in favor of mortgagor Charles Engle concluding the lower court erred when it held the bank failed to establish a prima facie case for ...

The CARES Act included provisions addressing the PPP, but here are the questions default servicing professionals should consider.