Draper & Goldberg, P.L.L.C., 443 F.3d 373, 375-77 (4th cir. 2006), where it held that a law firm that provided notice that it was preparing foreclosure papers and thereafter initiated foreclosure proceedings could be a debt collector as defined by the FDCPA.
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If a debt collection agency has violated your rights under the FDCPA through repeated contact, abuse, threats, misleading information or false representation, you can sue them in state court. The burden of proof is on you, but if the judge rules in your favor, you can be awarded $1,000 in statutory damages plus attorney’s fees.
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If the bank is foreclosing on your home, you may be wondering about the process and the legal consequences of a Minnesota foreclosure. This is part three of a series on Minnesota foreclosures, explaining foreclosure by action. For an overview of Foreclosure by Advertisement and Foreclosure by Action, read the first part on Minnesota Foreclosures.
But the fact that mortgage foreclosure is not the typical scenario to which the statute is applied does not mean that the statute is not applicable to mortgage foreclosure. And there is nothing in the language of the statute itself-or, indeed, the staff analyses that the majority cites-that limits its application to debt collection agencies.
Once you default on your monthly home loan payments, your lender has the right to start the process of foreclosure. However, even though your bank has initiated the foreclosure process, you do have some options to try during the pre-foreclosure period to try to avoid losing your home.
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Federal debt collection laws not only regulate the collection conduct of traditional collection agencies but attorneys and, in some circumstances, loan servicers. In the name of thin-profit margins, the current mortgage foreclosure crisis has pushed many loan servicers and bank attorneys to limits of these consumer protection laws.
Section 1 also specifically states that an association, a member of the association’s executive board, an officer or employee of the association or the community manager of the association is not required to be a licensed debt collection agency or contract with a licensed debt collection agency to collect amounts included in the association’s lien until a notice and default and election to sell the unit to enforce the.