New Developments
New Developments
What Every Homeowner Should Know About Mortgage Payments: Consumer Debt Advice from NCLC
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.
Class Arbitration After Supreme Court’s April 24 Lamps Plus Decision
The Supreme Court has just made it harder, but not impossible, for consumers to proceed in arbitration on a class basis. An ambiguous provision is insufficient to authorize class arbitration, but this article explains how language commonly found in arbitration agreements might still be found to authorize class arbitration.
Viable FDCPA Claims Arising from Foreclosures After March 20 Supreme Court Decision
The Supreme Court’s March 20 Obduskey decision limits FDCPA liability for conduct in non-judicial foreclosures. This article summarizes the Obduskey holding and then discusses which FDCPA claims arising from foreclosures are viable post-Obduskey.
Eleventh Circuit Issues Must-Read FCRA Decision
As discussed in this article, a March 25 Eleventh Circuit ruling is a strong pro-consumer decision on five different fronts. A furnisher’s “data conformity review” is an FCRA violation as a matter of law. The holding also addresses the FCRA “willfulness” standard, and punitive and emotional distress damages under the FCRA. The ruling is even relevant to the bona fide error defense under the FDCPA.
Fair Credit Reporting, Ninth Edition, Now Available in Print + Digital Formats
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.
Effective October 19, New Rights for Homeowners Seeking Loan Modifications
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.
12 Ways to Avoid Arbitration Even After Congress Overturned the CFPB Arbitration Rule
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.
CFPB Issues Final Rule Regulating Payday Loans
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.
What Every FDCPA Practitioner Needs to Know About Spokeo
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.
Key Steps to Minimize Risk After Equifax Data Breach
Nearly every adult with a credit history is at risk of identity theft after the recent Equifax data breach. In this free article, NCLC offers key advice for consumers, with specific steps that can be taken to minimize the risks—freezes, thaws, fraud alerts, credit monitoring, and more.
Two Novel Ways to Eliminate a Foreclosure
Lenders may lose their right to foreclose by waiting too many years after accelerating the loan or where a prior foreclosure litigation has been dismissed. This article explains these novel defenses and lists other foreclosure defenses.
Over 30 Recent Decisions Interpret New CFPB Mortgage Servicing Regs
New CFPB mortgage servicing rules offer homeowners key protections. In the last year, over thirty significant decisions interpret the new CFPB mortgage servicing rules. This article provides a roadmap to detailed analyses of the recent federal circuit and district court decisions.
Big Changes for Credit Reports, Improving Accuracy for Millions of Consumers
As described in this article, two dramatic changes to consumer credit reporting become effective this summer, scaling back reporting of tax liens, civil judgments, and medical debt. The result will be improved accuracy and higher credit scores for millions of consumers.
Practice Implications of July CFPB Arbitration Rule, Other Arbitration Developments (updated)
On July 10, the CFPB issued its long-awaited final rule allowing class actions to proceed in court despite arbitration requirements. This article examines the new rule’s practice implications, outlines other arbitration developments, and provides a thumbnail guide to arbitration issues.
FDCPA Coverage of Debt Buyers: Implications of June Sup. Ct. Ruling
The Supreme Court on June 12 in Henson held that debt buyers are not covered under the FDCPA’s second definition of debt collector because they do not collect debts owed to another. This article explains the ruling and details why the FDCPA still applies to debt buyers.
Fannie, Freddie Create New Mortgage Loan Modification Program
With the phasing out of HAMP, Fannie Mae and Freddie Mac have created a new home loan modification program that is now in effect, as detailed in this article.
FDCPA Implications of May 15 Supreme Court Ruling on Abusive Bankruptcy Proof of Claims
This article examines the FDCPA implications of the Supreme Court’s May 15 decision in Midland Funding LLC v. Johnson that a collector filing a bankruptcy proof of claim on a time-barred debt is not an FDCPA violation.
Federal Deception Law (3d ed. May 2017) Now Available in Print and Online
Federal Deception Law's new edition includes major changes to TCPA challenges to robocalls and the latest on CFPB and FTC rules, RICO, debt relief scams, telemarketing, and more. Now available in print and online; print subscribers will receive their free copy in late May.