Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.
Widespread criminal justice debt—arising from fines, fees, costs, and more—has an outsized impact on consumers, including millions of drivers losing their licenses, seizure of income and assets, and even incarceration. This article provides advice on limiting these consequences and asserting rights against collection of criminal justice debt.
Reverse mortgages are one way that families in financial distress can tap into the equity in their homes to meet their needs. This article provides advice for consumers on who should consider a reverse mortgage, how it works, foreclosure risks, impacts on spouses, partners, and heirs, and whether it is a good idea.
Millions of collection lawsuits result in court judgment debt, where creditors can garnish wages, benefits, and bank accounts, and even seize cars, homes, and other property. This article sets out consumer rights and strategies to limit these creditor remedies.
As explained in this article, effective April 19, CFPB mortgage servicing rules expand the rights of those inheriting homes, awarded a marital home in divorce, or otherwise succeeding in interest to a mortgage loan. The rules also offer an important new right for debtors in bankruptcy to determine if mortgage servicer fees and application of mortgage payments are proper.
NCLC’s Fair Debt Collection (9th ed. March 2018) (1774 pp. in two vol.) is available in both print and digital formats. As described in this article, the digital edition includes the FDCPA Case Connector, a unique practice tool allowing incredibly flexible search options to select from over 14,000 FDCPA case holdings.
Key to drafting a successful chapter 13 plan under the new Bankruptcy Rules is adding “nonstandard provisions” not found on the standardized forms. As set out in this article, NCLC now provides sample language for over thirty-five nonstandard provisions that attorneys can copy/paste into their plans.
As explained in this article, February legislation provides important tax relief to homeowners who faced foreclosure, short sales, or loan modifications in 2017. The Qualified Principal Residence Indebtedness exclusion that had expired after 2016 has been extended, allowing homeowners to continue excluding certain forgiven mortgage debt from taxable income.
2017 saw hundreds of new decisions and FCC actions interpreting the Telephone Consumer Protection Act, which provides significant statutory damages for unwanted calls, texts, and faxes. This article outlines the TCPA issues that received the greatest attention in 2017.
Too often those who are least able to afford it are taken advantage of at tax time. Now that 2017 tax returns can be filed, this article provides six important areas of advice for clients.
The Ninth Circuit, on December 27th, ruled that the Federal Arbitration Act does not apply to check diversion company arbitration agreements, because the agreements are, in effect, required by the state. This article explains the ruling and its significant implications for the enforceability of arbitration requirements involving criminal justice debt.
This article examines new bankruptcy rule amendments, effective December 1, that significantly alter chapter 13 practice. The new rules affect the form of the chapter 13 plan, procedures for valuing and voiding liens, filing deadlines for creditor proofs of claim, objections to proofs of claims, and objections to plan confirmation.
This article explains how to get information on your mortgage payments (with a sample “request for information”), what happens to partial payments, disputing the amount due, and what you need to know about escrow, property taxes, and insurance. Upcoming articles will address with new guidelines on loan modifications and defending a foreclosure.
The leading FCRA treatise now includes 2017 changes to reporting of public records data and medical debt, credit freezes and thaws, and thousands of new decisions. Fair Credit Reporting Print + Digital Subscribers will receive copies mid-November; all subscribers have digital access now. Learn more about what’s included, or begin reading Chapter One for free.
Critical CFPB rules governing mortgage servicing are now in effect as of October 19. As described in this article, the rules provide essential protections for homeowners applying for loan modifications to avoid foreclosure or otherwise dealing with mortgage servicers.
On October 24 the Senate joined the House in repealing the CFPB Arbitration Rule that would have eliminated forced arbitration clauses containing class action bans in consumer financial contracts. This article lists twelve ways to still defeat a forced arbitration clause, even for class actions.
New Guide to Mortgage Loan Relief for Disaster Victims
Click here for a new listing of Fannie Mae, Freddie Mac, FHA, VA, RHS, and other mortgage loan relief rights for victims of recent hurricanes and other disasters. NCLC provides this online guide for free by placing it in the first chapter of an NCLC treatise. Chapter One of each NCLC treatise is open to the public.
The CFPB issued its final “payday lending rule” on October 5, not effective until 2019. This free article describes the rule’s application to high-interest loans and sets out a list of other currently applicable challenges to such lending.
Collection Actions (4th ed. Oct. 2017) Now Available in Print and Digital Formats
Everything you need to defend lawsuits collecting credit card, medical, or other consumer debt. Print subscribers to Collection Actions receive their copies in mid-October; all subscribers have digital access now. Learn more here about what's included; read the first chapter for free.
This article sets out seven essential steps for FDCPA consumer litigants to deal with Spokeo standing challenges, surveys all six circuit court FDCPA decisions on Spokeo challenges, and organizes by FDCPA violation with links to analysis of over 100 federal district court decisions.