11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

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McCormick, No. 15-3983, (8th Cir. U.S. Court of Appeal) recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial.

The court disagreed, saying that "the Section 502(b)(6) cap is only activated by optional and unpredictable post-petition bankruptcy events, [and therefore] the court concludes it is not appropriately applied to threshold inquiries that are focused on the initial schedules and the calculation of debt existing on the date of the bankruptcy filing."

FORECLOSURE LAWFIRMS NOW AT RISK FOR FDCPA SUITS By: Hugh Wood, Atlanta, GA The United states supreme court seems to have thrown lawfirms that conduct foreclosures under the bus in a recent Fair Debt Collection Protection Act ("FDCPA") decision.

Your Christ is my Devil (10-18-11). The remainder was to come in the form of "credits" for reducing mortgage debt and other loan activities.. From the law firm Burr & Forman, LLP: The Eleventh Circuit Court of Appeals released an opinion earlier this month that could give foreclosure.

Plaintiff claims that certain of Defendant’s communications and acts concerning her liability under the Loan violated various provisions of five consumer protection laws: (1) the Telephone Consumer Protection Act ("TCPA") (see Doc. 1, 59-70 ("Count One")); (2) the Fair Debt Collection Practices Act ("FDCPA") (see id. 71-83 ("Count Two")); (3) the Florida Consumer Collection Practices Act ("FCCPA") (see id. 126-37 ("Count Seven")); (4) the Real.

A reverse mortgage allows homeowners to borrow against their home’s equity, while still maintaining ownership of the home.. 11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman. Recent Posts.

Smith v. encore credit corp. (tila/hoepa/respa) [55] Defendants argue that all the federal claims and most of the state law claims are time-barred. The Court finds that all the federal claims are barred by the relevant statutes of limitations for the following reasons.

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