Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...
From the Editor – Fair Debt Collection Practices Act
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Debtor failed to state FDCPA claim. Granting the defendants’ motion to dismiss, the Chapter 13 debtor’s complaint did not state a cause of action under the FDCPA when the defendants acquired the debt postpetition and the only action they had taken was to file a proof of claim. The complaint did not allege that the proof of claim was abusive or deceptive, distinguishing Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014). Hanson v. Antio, LLC, et al., ___ B.R . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
Max’s Knowledge Nugget
Use All Channels to Educate Bankruptcy Debtors
Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation
New Academy Podcasts
Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3
Special Counsel 101: Getting Paid and Protecting Clients
From the Editor – Avoidance
Fastest Way to Check Tax Refund Is ‘Where’s My Refund?’ Tool at IRS.Gov
“Jan Hamilton” – Need We Say More?
Wrong Address, Real Consequences