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Alabama 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...

Alabama | Legal Alerts

The Ironclad Protection of §1322(b)(2) [The “Anti-Modification” Provision] Controls Over Confirmed Chapter 13 Plan

At the end of the plan period, the chapter 13 trustee issued the notice of plan completion, indicating that the creditor had been paid the amount proposed in the plan (the $6,817.42 in the creditor’s claim), and the creditor’s entire mortgage debt was therefore paid in full. The creditor objected to the notice, claiming the debtor had not made any ongoing payments on the...

Alabama | Legal Alerts

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 mere violation of Section 1692c(b) of the FDCPA, without showing any additional harm, does not give rise to a concrete injury in fact sufficient...

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...