Default, Real Estate, & Collection Attorneys Atlanta, Georgia
Situated in the bustling city of Atlanta, Georgia, ALAW’s office is strategically positioned to cater to the diverse needs of the financial sector. Our team of seasoned attorneys offers specialized services in default, real estate, and collections, reflecting our deep understanding of the challenges and opportunities present in the financial industry. As Atlanta continues to be a hub for commerce and innovation, ALAW remains at the forefront, providing unparalleled legal expertise to our esteemed clientele.
Georgia 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...
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...
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...