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

Middle District Bankruptcy Bar Association 21st Annual Conference In Memory of Written Materials June 13 & 14, 2019 Hollywood Casino Grantville, PA

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Unless the debt has been reaffirmed, a Chapter 7 discharge relieves an individual debtor from personal liability for mortgage debt and prevents the mortgage servicer from taking any collection actions against the debtor personally. For more information on Chapter 7 bankruptcy, see Practice Note, Chapter 7 Liquidation: Overview (W-000-6231).

In July, Home Depot sought an order for immediate interlocutory appeal to the Eleventh Circuit of the order refusing to toss the data breach claims. The questions raised on appeal include whether banks have Article III standing to assert claims arising out of a data breach, and whether retailers owe banks a duty to protect against third-party.

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.

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of the judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt.

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.

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