This article introduces the new Fair Debt Collection Practices Act Reg. F, that went into effect November 30. The article provides links to totally rewritten NCLC chapters explaining the new rules in-depth. It also provides a handy list of new Reg. F provisions on debt collector use of emails and texts to collect debts and make required disclosures.
This article advises homeowners after natural disasters: FEMA aid and other sources of help and grants; avoiding insurance, home repair, and municipal code problems; forbearance of mortgage payments, loan modifications after exiting forbearance, and foreclosure avoidance; and preparing for the next natural disaster. Links providing far more detail are open to all readers for a limited time.
This article sets out practice implications of three recent Supreme Court cases, two FCC rulings, and other court decisions dramatically reshaping TCPA litigation: Article III standing; the autodialer definition; constitutionality of TCPA claims arising prior to an unconstitutional provision’s severance; general limits on prerecorded calls; new limits on debt collector-recorded calls to residential lines; and seller liability for “do-not-call” rule violations.
This article explains in detail important CFPB amendments to RESPA Reg. X taking effect August 31 affecting mortgage servicer early intervention and loss mitigation requirements. The rule provides new rights to homeowners exiting mortgage loan forbearances or experiencing a COVID-related payment hardships—rights applicable not just to federally insured mortgages, but to almost every home mortgage in America.
In one short month—from June 24 to July 23, 2021—the White House, FHA, VA, USDA, and FHFA (for Fannie Mae and Freddie Mac) have announced 14 separate actions helping mortgage borrowers facing financial hardship from the pandemic. This article summarizes each of the 14, links to the full text of each action, and links to specific subsections of NCLC’s Mortgage Servicing and Lo
Corporate bankruptcies pose unique challenges and opportunities for attorneys representing students at predatory schools, tenants, homeowners with mortgages, and consumers of goods, services, or credit. An online interactive flow chart is now open to the public, Corporate Bankruptcy 101 for Consumer Litigators. This article links to and describes how the free flow chart provides step-by-step instructions on representing consumers in corporate bankruptcies.
On July 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued an Enforcement Compliance Bulletin (hereafter Rental Reporting Bulletin) on consumer reporting issues involving tenant screening reports as well as the reporting of rental information on credit reports. This article outlines key aspects of this “Rental Reporting Bulletin,” highlights the most important implications for...
Starting July 15, families will receive each month an advance child tax credit up to $300 per child per month. This article examines existing consumer protections to safeguard payments from judgment creditors’ bank account garnishment and from the United States’ intercept to repay defaulted federal student loans. The article also considers tactics to protect paper check payments from garnishment.
The Supreme Court’s June 25 Ramirez decision reshapes constitutional standing for federal court FCRA, FDCPA, TILA, TCPA, RESPA and other individual and class cases based on consumer statutes. This article details Ramirez’s practice implications for varied types of consumer injury, provides pleading and proof tips, and explains how initiating a case in state court may alleviate standing problems.
A new VA final rule, effective July 27, provides new rights for homeowners exiting a COVID-19 related forbearance program. Forborne payments will not be due until the end of the mortgage term and are interest-free. This article describes both this new right to defer forborne payments and options for homeowners who cannot afford their regular monthly payments that become due after exiting forbearance.
This article explains in detail important CFPB amendments to RESPA Reg. X taking effect August 31 affecting mortgage servicer early intervention and loss mitigation requirements. The rule provides new rights to homeowners exiting mortgage loan forbearances or experiencing a COVID-related payment hardships—rights applicable not just to federally insured mortgages, but to almost every home mortgage in America.
A May 6th HUD guidance provides new protections allowing non-borrowing spouses to remain in a home after the spouse borrowing on a reverse mortgage moves to a long-term care facility or passes away. This article details the new protections, examines other foreclosure risks with a reverse mortgage, and sets out borrower rights and strategies to avoid those additional risks of foreclosure.
This article explains a new CFPB Interim Final Rule, effective May 3, 2021, that increases information for tenants about COVID-related protection from eviction. The article also details tenants’ federal remedies against eviction attorneys and other debt collectors involved in the eviction that fail to provide or misrepresent that information.
This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.
New March 27, 2021, bankruptcy legislation now extends the sunset dates of the three CARES Act bankruptcy provisions. This article explains the new law and then provides a “cheat sheet” listing all ten of the COVID-19 related bankruptcy provisions by sunset date, with links to more detail for each provision and also Public Law and U.S. Code citations.
A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.
This article examines the consumer law implications of the March 11, 2021, American Rescue Plan Act: how to protect stimulus payments from garnishment and a bankruptcy trustee; student loan forgiveness being no longer taxable; relief for utility arrearages and payments; help for homeowners and renters; and help with broadband and water bills.
A January 14, 2021, Supreme Court decision alters the practice of consumer bankruptcy law as to repossessed property. This article explains the Supreme Court’s ruling and how the consumer bankruptcy practitioner should respond to the ruling’s implications, including the use of four new sample pleadings found in NCLC’s recent digital update to our bankruptcy treatise.
NCLC’s new chapter on homeowner rights during the COVID pandemic is free to the public for a limited time period. This article summarizes the new chapter, covering the very latest rights and options for those with Fannie Mae, Freddie Mac, FHA, VA, RHS, or other mortgages. The chapter being open to the public, all readers can now follow links in the article to more detail in the chapter text.