The U.S. Supreme Court ruled on the case of Obduskey v. McCarthy & Holthus LLP Wednesday morning, finding that businesses engaged in nonjudicial foreclosure proceedings are not considered "debt collectors"...
Read More »Search Results for: nonjudicial foreclosure
New Hampshire One Step Closer to Judicial Foreclosure Law
The process of foreclosure varies from state to state, but in general, there are two different procedures in place, judicial foreclosure or nonjudicial foreclosure, both resulting in a foreclosure sale....
Read More »Obduskey v. McCarthy & Holthus: Addressing the Industry Impact
...non-judicial foreclosure proceedings. The webinar states that the "purpose of this subchapter to eliminate abusive debt collection practices by debt collectors. It also examined state laws in relation to nonjudicial...
Read More »The Week Ahead: Exploring Repercussions of Nonjudicial Foreclosure
...by completing the non-judicial foreclosure process in states where permitted are not subject to regulation under the Fair Debt Collection Practices Act. The brief noted that such servicers are not...
Read More »Spotlight on Default Servicing Law Firms
...stage of the default process, including foreclosure, bankruptcy, real estate, eviction, title, litigation, appellate work, reverse mortgages, and REO. FIRM MEMBERS: Ernest J. Codilis, Jr. (Illinois, Indiana, Missouri, Texas, Wisconsin);...
Read More »Traversing the Legal Tightrope
...non-judicial foreclosure is the possibility of a deficiency judgment. In Colorado, a deficiency judgment is not possible in the non-judicial foreclosure. Arguably, if a plaintiff did not request a deficiency...
Read More »Counsel’s Corner – The Importance of Fiscal Discipline
...LLP, which is before the U.S. Supreme Court. The issue at hand is whether the nonjudicial foreclosure process and the act of conducting a trustee’s sale qualify as “debt collections”...
Read More »Judicial Foreclosure vs. Lender Behavior
...judicial foreclosure process, wherein the foreclosure proceedings have to make their way through the court system. Regulations in these states have sometimes extended the foreclosure process beyond 1,000 days.” At...
Read More »The Challenges in Financial Services
...process in New York. The nonjudicial process in Virginia is going to be very different from other states’ nonjudicial processes. But there are common threads and common challenges. Being able...
Read More »Legal Experts Address Non-Judicial Foreclosures
...Council Vice Chair and counsel of record said, "Application of the FDCPA to nonjudicial foreclosures is an issue that has a significant effect on the foreclosure process in states from...
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