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A5: Using Violations of Mortgage Servicing Rules without Private Rights of Action as Predicates for FDCPA and UDAP Claims (Video)

Issued:

Date
2021

Description

This session is not available for on-demand viewing.  Session slides can be found here.

Many provisions of RESPA, Regulation X, TILA, and state law are not privately enforceable against mortgage servicers. However, the standards they establish may be used as the basis for claims brought under the FDCPA or state UDAP laws. This session will offer success stories and failures for what has worked and not worked in this arena on claims asserted against mortgage entities on individual and class-wide basis. Attendees will be provided sample complaints, checklists, and potential claims to consider and tips and tricks for developing new avenues.

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