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Default, Real Estate, & Collection Attorneys Cleveland, Ohio

4807 Rockside Road Suite 200 Independence, Ohio 44131
T: 216.588.1500 F: 216.771.4334

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Ohio Legal News

Federal | Legal Alerts

Non-Judicial Foreclosures and Junior Federal Non-IRS Liens

As many of you may be aware, the impact of the Show Me State Premium Homes, LLC v. McDonnell, 74 F.4th 911, 914 (8th Cir. 2023), reh'g denied, No. 22-1894, 2023 WL 5920101 (8th Cir. Sept. 12, 2023) 8th Circuit Court of Appeals case is rippling through our industry. This week, a major underwriter issued guidance indicating that a junior non-IRS lien should be...

Ohio | Firm Updates

ALAW’s 2023 Super Lawyers and Rising Stars Winners

Super Lawyers® has named multiple ALAW attorneys to their 2023 Super Lawyer and Rising Star lists. Super Lawyers, which is part of Thomson Reuters, selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The firm's 2023...

Federal | Legal Alerts

CFPB’s Proposed Debt Collection Rule

On Tuesday, May 7, 2019 the Consumer Financial Protection Bureau (CFPB) issued their proposal to amend Regulation F, which incorporates the Fair Debt Collection Practices Act (FDCPA). The proposed rule takes into account the current communication landscape, which vastly differs from when the FDCPA was first enacted. Specifically, it clarifies how debt collectors can communicate with consumers via email and text messages. The use of...

Federal | Legal Alerts

Obduskey v. McCarthy & Holthus 

U.S. Supreme Court rules that businesses engaged in nonjudicial foreclosure proceedings are not considered "debt collectors" under the Fair Debt Collection Practices Act. In a much-anticipated decision, the U.S. Supreme Court upheld the Tenth Circuit by holding that entities conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act, except in the limited scope of §1692f(6). The unanimous Court reviewed the nonjudicial practices of...