September 8, 2022
Eleventh Circuit Issues New Opinion in Hunstein v. Preferred Collection
In the Hunstein v. Preferred Collection decision issued on Thursday, September 8, 2022, the United States Court of Appeals for the Eleventh Circuit (Alabama, Georgia, Florida), after issuing opinions and vacating the same twice before, now holds that: (1) the…
August 11, 2021
Florida Foreclosure Judgments – General Lien Statute Inapplicable, BK Anti-Modification Protection Applies
In Re Koessler (2021 WL 3375824) decided on August 3, 2021 in the Southern District of Florida is a solid win and sigh of relief for mortgage creditors in Florida bankruptcy proceedings. In Koessler, Chief Judge Laurel Isicoff was confronted…
May 4, 2021
AR Senate Bill 1108
On April 16, 2021, Albertelli Law advised our clients of the recent legislative developments in Arkansas involving AR Senate Bill 673. We would like to now alert and update our clients that the bill became AR Act 1108 on May…
January 19, 2021
City of Chicago, Illinois v. Fulton, et al.
U.S. Supreme Court Resolves Circuit Split Over Creditor Retention of Property Post-bankruptcy Filing. On January 14, 2021, the U.S. Supreme Court issued an opinion in the case of City of Chicago, Illinois v. Fulton, et al., 592 U.S. ____ (2021)…
May 11, 2020
Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020)
An opinion was delivered by the Arkansas Supreme Court on May 7, 2020 that may have an impact on your foreclosures: Davis v. PennyMac Loan Services, LLC, 2020 Ark. 180, S.W.3d (2020). Delivered May 7, 2020 PennyMac sought to foreclose…
May 9, 2019
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…
April 24, 2019
CFPB to Update 1977 Laws on Debt Collection
On Wednesday, April 17th, Kathy Kraninger delivered her first major policy speech as the Director of the Consumer Financial Protection Bureau (CFPB), to announce major changes to debt collection rules in the coming weeks. Creditors’ rights advocates like ALAW have…
April 1, 2019
U.S. Bankruptcy Court for the District of South Carolina Changes Objection Time for Chapter 13 Plans
Effective May 1, 2019, the U.S. Bankruptcy Court for the District of South Carolina will adopt a new Chapter 13 Plan form. The time period for objection to the Plan will no longer be visible on the face of the Plan. …
March 21, 2019
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…
February 22, 2019
New Mortgage Servicer Requirements for Ohio
Ohio H.B. 489 implements a new requirement [1], effective March 20, 2019, which requires a person collecting a debt that is secured by a second mortgage or junior lien on a debtor’s residential real property, to send a written notice via…