LEGAL ALERT: 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 …

LEGAL ALERT: New Mortgage Servicer Requirements for Ohio

Information on Ohio H.B. 489 Pre-Foreclosure Notice on Junior Liens 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 U.S. mail to the debtor’s …

Florida Appeals Court Says Lenders Can Recover Amounts Accrued over Five Years Past Due

On December 26, 2018, Florida’s Fifth District Court of Appeal issued an opinion allowing recovery of amounts accrued more than five years prior to the filing of the foreclosure. Although the Court’s decision in William L. Grant v. Citizens Bank, N.A. (Case # 5D17-726) is not final until the deadline to file for rehearing passes, …