Default, Real Estate, & Collection Attorneys Birmingham, Alabama
In the heart of Alabama, ALAW’s Birmingham office stands as a beacon of legal excellence for the financial industry. Our attorneys, well-versed in the intricacies of default, real estate, and collections, offer comprehensive legal solutions tailored to the unique needs of our clients. As Birmingham’s economic landscape diversifies, ALAW remains committed to delivering top-notch legal services, ensuring our clients’ interests are always safeguarded.
Alabama Legal News
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...
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...
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...
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...