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RESIDENTIAL MORTGAGE FORECLOSURE SUBJECT TO FAIR DEBT COLLECTION PRACTICES ACT - Consumer Rights Article

Orlando Consumer Rights Lawyer - providing affordable legal services concerning Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.

Call The Debt Relief Law Center at Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation with Attorney, N. James Turner

On January 14, 2013, the Sixth Circuit Court of Appeals ruled that the Fair Debt Collection Practices Act (“FDCPA”) applies to foreclosures, even non-judicial foreclosures, of residential property. The law firm of Reimer, Arnovitz, Chernek & Jeffrey Co., LPA and two of its attorneys (“RACJ”) were sued for foreclosing on a home for improperly alleging that JP Morgan had conveyed, assigned and transferred all of its rights in a promissory note to Chase Home Finance LLC (“Chase”), an arm of JPMorgan. Also sued were JP Morgan and Chase. In fact, the Note had already been assigned to Fannie Mae, although the loan was serviced by JP Morgan and subsequently Chase. The Sixth Circuit held the FDCPA claims could proceed against RACJ based on the improper assertions of ownership of the Note by Chase. Mortgage foreclosure, including non-judicial foreclosures, was deemed to equal debt collection under the Act. However, the servicer, Chase, was not liable because the FDCPA only applies to a debt collector, and at the time the loan was assigned to Chase, the Note was not in default. The Sixth Circuit’s Opinion is also consistent with the Third and Fourth Circuit of the Court of Appeals. However, a number of district courts have disagreed with this result, instead analyzing foreclosures as the enforcement of security interests rather than the collection of a debt. The Sixth Circuit concluded that other than repossession agencies and their agents, it could think of no others whose only role in the collection process is the enforcement of the security interest. 

The FDCPA expressly states it applies to consumer obligations to pay money arising out of transactions in which the money, property, insurance or services that are the subject of the transaction are primarily for personal, family or household purposes. 15 U.S.C. §1692(a)(5). 

As to foreclosures on loans on residential homes in this circuit (Ohio, Kentucky, Tennessee and Michigan), the Fair Debt Collection Practices Act now applies.

 

Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.

Orlando Consumer Rights Lawyer, N. James Turner proudly serves the Debt Collection Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.

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DEBT COLLECTION DEFENSE

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Every day those with credit card debt are harassed by a number of collection agencies that commonly use unethical and sometimes illegal means to attempt to collect debt.

 

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Higher education is an investment in one's future; and it can be expensive. If you are being harassed by student loan creditors or debt collection agencies, find out what your legal rights and options are. Make sure your are informed and your rights ar protected.

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COLLECTIONS HARASSMENT

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Being harassed by creditors or debt collectors is illegal. There are both State and Federal Debt Collection Laws that exist to protect the consumer from harassment and other illegal activities by collection agencies, their subsidiaries, and third parties.

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We will investigate your credit report error and make sure that the error is corrected. We willl dispute the item, insisting that the information furnisher produces evidence substantiating the error or removes the item.

 

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Bankruptcy is a mechanism of the Federal Government to allow debtors (people who owe money) to restart their lives when they have gotten into a financial dilemma where there is no reasonable way to repay the debts they owe.

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Orlando Consumer Rights Lawyer - watch these informative videos about consumer rights in the financial services industry.

 

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We answer some of the most common Debt Collection Harassment Question that we hear on a daily basis.

 

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Si usted es una de las millones de personas acosadas por un cobrador de deudas desaprensivo, la ley está de su parte. El Acta de Prácticas Justas Para el Cobro de Deudas, regula las prácticas de los cobradores de deudas y les impone sanciones que rompen las reglas.

 

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Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.

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