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

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A non-standard mortgage is an adjustable-rate, interest-only, or negative amortization loan. A standard mortgage is similar to a "qualified mortgage" within the meaning of the rules, as discussed further below, but its term may be up to 40 years (as opposed to 30), and the interest rate must be fixed for at least five years.

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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.

Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot retain real property post- discharge Without Reaffirming the Mortgage Debt Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th cir. 2016).

"Assuming arguendo that the final disclosures had been TILA compliant, Plaintiffs would still be entitled to summary judgment because the initial Truth in Lending Act estimates given to Plaintiffs were not compliant with TILA standards. Pursuant to 15 U.S.C. 1631(c), estimates may satisfy the statutory standards of the Truth in Lending Act.

Specialized Loan Servicing, LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only seek his last five years of.

In Johnston v.Midland Credit Management, the U.S. District Court for the Western District of Michigan, Southern Division, held that a mere "procedural violation" did not satisfy the concrete-harm requirement of standing, and that a complaint alleging an FDCPA violation did not automatically establish a claim upon which relief may be granted.

Second Circuit holds mortgagor’s written request for information does not qualify as a QWR when not sent to the QWR designated address * Second Circuit affirms dismissal of RESPA claims based on.