Bank that initiated foreclosure action not subject to state debt-collection law

Under Florida law, a foreclosing bank can ask a court for a deficiency judgment: as part of the foreclosure lawsuit or; in a separate lawsuit, unless the court previously denied the bank a deficiency judgment in the foreclosure action. How much time a bank gets to file a separate suit.

Between 2010 and 2016 the Federal Trade Commission banned more than 60 companies that did not follow the fair debt collection practices Act. The FDCPA specifies that if a state law is more restrictive than the federal law, the state law will supersede the federal portion of the act.

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Hammett v deutsche bank national co plaintiffs. At some point after executing the Note and the Deed, Plaintiffs refused to continue paying on their obligation under the Note. Defendants then initiated foreclosure proceedings on the Property. Defendant Deutsche Bank, as Trustee for defendant bravo trust (”deutsche bank”),

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McCarthy & Holthus LLP, No. 17-1307, finding a business solely engaged in non-judicial foreclosure actions is not a debt collector under the Fair debt collection practices act, except for the limited purposes of the prohibited actions listed in Section 1692f(6).

The United States District Court for the Middle District of Florida has issued. is not "collection of any debt" under the Fair Debt Collection Practices Act, note, the bank and its attorneys initiated a foreclosure action in state court.. the notice would be collection activity under the FDCPA and be subject to.

Both the procedural posture and substance of US Bank’s state court action against Bond establish that the May 19, 2009 summary eviction action did not constitute debt collection. First as defendants and the circuit court pointed out, foreclosure, not summary eviction, is the appropriate means of collecting on a defaulted mortgage debt.

Foreclosure Fraud  Bank of America and Dual Tracking A common interest community subject to covenants, conditions, and restrictions was encumbered by a note and deed of trust in favor of U.S. Bank, N.A. The former homeowners fell delinquent on their association dues and defaulted on their obligations to U.S. Bank. The community homeowners’ association (SHHOA) and U.S. Bank separately initiated nonjudicial foreclosure proceedings.

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1 State law violations include:. Plaintiff’s § 1983 claim also must be dismissed because Deutsche Bank is not a state actor, and the mortgage foreclosure proceeding is not state action. In order to plead a claim under 42 U.S.C. § 1983, plaintiff must “demonstrate a violation of a right secured by the