Illinois court holds that the foreclosure of real estate is not an attempt to…

U.S. District Court for the Northern District of Illinois held in Hahn v. Anselmo Lindberg Oliver LLC, 1:16-cv-06908 (Mar. 3, 2017) that the foreclosure of real estate is not an attempt to collect a debt under the FDCPA and a law firm that proceeds with foreclosure despite a pending bankruptcy…

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Illinois court holds that HUD requirement for a face to face meeting excused where…

An Illinois appellate court in PNC Bank, v. Wilson, No. 2-15-1189, 2017 IL App (2d) 151189 (March 2, 2017) determined that a mortgage servicer’s failure to strictly comply with the HUD regulations requiring the servicer to request a face to face meeting with the mortgagor prior to instituting a foreclosure,…

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Action on a deficiency judgment not an action on a debt under Florida Collection…

In Dyck O’Neal, Inc. v. Ward, No. 2D15-2989 (Fla. Dist. Ct. App. Jan. 27, 2017) a Florida Appellate court found that a creditor need not comply with Section 559.715 of the Florida Consumer Collection Practices Act (FCCPA) when attempting to enforce a final foreclosure judgment. In this case, after the…

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Florida homeowner’s association not barred from foreclosing its lien as a result of a…

In Jallali v. Knightsbridge Vill. Homeowners Ass’n, Inc., No. 4D15-2036 (Fla. Dist. Ct. App. Jan. 4, 2017) a Florida Appellate court found that the filing of a lis pendens by the first mortgage holder did not bar a subsequent foreclosure by a homeowner’s association. In Jallali, the first mortgagee filed…

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