New Developments
New Developments
Two Essential New Treatises for Representing Homeowners Now Available
NCLC has just released two all-new and important treatises in print and on the NCLC Digital Library: Mortgage Servicing and Loan Modifications and Home Foreclosures. This article describes their content, how to read Chapter 1 for free, and the treatises’ inclusion in certain existing NCLC subscriptions at no charge.
HUD Housing Programs:Tenants’ Rights Now Available on the NCLC Digital Library
NCLC is proud to announce that the National Housing Law Project’s signature publication is now hosted on the NCLC Digital Library. HUD Housing Programs: Tenants’ Rights (The Green Book) is the quintessential guide to understanding HUD’s housing programs. It is now available as a digital treatise at The NCLC Digital Library.
Birdseye View of All 2018 FDCPA Reported Appellate Decisions
This article summarizes all 34 FDCPA reported appellate decisions issued in 2018, reports on a pending Supreme Court FDCPA case, and describes NCLC’s digital tool to locate relevant FDCPA case summaries from summaries of over 14,000 FDCPA decisions.
12 Ways to Recover Even When Lemon Used Cars Are Sold “As Is”
Too often consumers and even their attorneys believe an “as is” sale immunizes the dealer from the sale of a lemon used car. This article lays out twelve ways that consumers can still recover significant damages for vehicle defects and dealer misrepresentations.
As of December 1, New Rules Alter Class Action Notices, Settlements, and Objections
This article examines Federal Rule of Civil Procedure 23 changes that, effective December 1, establish new standards for electronic class action notices, require more information before approval of a class notice, clarify standards for court approval of a class settlement, and seek to reduce abuses by those improperly objecting to class settlements.
Surviving Debt (2019) Now Available in Print + Digital Formats
Surviving Debt (2019) (278 pp.) is a new edition of NCLC’s most popular book, which provides accessible, practical, and hard-hitting advice for consumers and for those helping consumers. It covers credit card, medical, and student loan debts, debt harassment, credit reporting, mortgage modifications, car repossessions, evictions, utilities, bankruptcy, and much more. Read the first chapter for free, browse the table of contents, and learn more here.
What Practitioners Need to Know About New Bankruptcy Rules, Effective December 1
On December 1, extensive amendments to the Bankruptcy Rules go into effect. As analyzed in this article, of special note are rules dealing with mortgage loan payments in chapter 13 cases, electronic filing of bankruptcy forms, and with appeals from bankruptcy court to the federal district court.
7 Ways to Recover Attorney Fees When Debtors Prevail in a Collection Lawsuit
A recent appellate court ruling highlights the availability of attorney fees for the consumer when a creditor or debt buyer fails to prevail in a credit card or other collection action. This article sets out seven ways in which consumers can recover such attorney fees if the creditor fails in its collection lawsuit.
Ninth Circuit Limits National Banks’ Free Pass to Flout State Law
An important recent Ninth Circuit ruling rejects a federal regulation as to when a national bank can ignore state law. This article explains how the decision underscores that federal regulators and some courts have been overly expansive in protecting banks from liability for violating state consumer protection laws.
Schools' Use of Mandatory Arbitration Now Sharply Curtailed; Loan Discharge Rights Expanded
A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.
The Latest on Metro 2: A Key Determinant As to What Goes Into Consumer Reports
Billions of pieces of information that creditors, debt collectors, and other “furnishers” of information send to credit reporting agencies are in a standard format called Metro 2. This article links to updated and expanded information on creditors’ liability when they report consumer data in a non-conforming manner that leads to inaccurate consumer reports.
Groundbreaking New Ninth Circuit TCPA Decision on Autodialers
The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.
NCLC Releases 6th Edition of Automobile Fraud in Print and Digital Formats
Automobile Fraud (6th ed. Oct. 2018) (582 pp.) is available in print and digital formats, with the latest developments on investigating automobile fraud, title transfers, odometer fraud, undisclosed sale of wrecked and flood vehicles, lemon laundering, yo-yo sales, punitive damages, and more. Subscribers can access the digital edition now, and print subscribers receive their books in late October. The first chapter is available to all, free of charge.
Fannie and Freddie Foreclosures Must Meet Constitutional Due Process Standards
As explained in this article, an August federal court decision finds that Fannie Mae and Freddie Mac are state actors, meaning their foreclosures must meet constitutional due process standards. This ruling thus has the potential to reshape most foreclosures in the majority of states that allow nonjudicial foreclosures.
Deciding Whether to File for Bankruptcy: Consumer Debt Advice from NCLC
This article helps families in financial distress decide whether to file bankruptcy: what bankruptcy can and cannot do, the best time to file for bankruptcy, when it is the wrong choice, whether to file under chapter 7 or 13, bankruptcy’s cost, and common misconceptions about bankruptcy.
Congress Amends Eight Consumer Statutes
On May 24, the President signed legislation amending eight consumer statutes—everything from rights of tenants in foreclosed property to mortgage originations to private student loans to credit reporting. This article highlights the changes—both harmful and helpful for consumers.
The Latest TCPA Decisions on Robocalls
Significant decisions on the TCPA—allowing $500 damages ($1500 if willful or knowing) for each unwanted robocall or robotext—pour in almost daily. This article summarizes the very latest developments on the definition of “autodialer” (the key TCPA issue today), the limited impact of arbitration requirements, revocation of consumer consent, and more.
Shortening the Limitations Period on Credit Card Collection Lawsuits
A July 27, 2018 Arizona Supreme Court decision is the latest ruling to offer consumers new ways to argue for a shorter limitations period when defending a credit card collection action. This article examines which statute in a state applies, which state’s limitations period applies, when the period begins, and when it is tolled or revived.
Essentials About Credit Reporting: Consumer Debt Advice from NCLC
This article sets out what families in financial trouble need to know about their credit report and credit score: how they work, when non-payment most affects a credit score, who sees the credit report (and who does not), how to review your own credit report, coping with a blemished report, and rebuilding your credit.
Student Loan Repayment Rights: Consumer Debt Advice from NCLC
This article details rights to cancel, reduce, and delay federal student loan payments, how to get out of default short of making back-due payments, as well as the methods the government has to enforce payment. Student options concerning private student loans are also examined.