11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman

McCormick, No. 15-3983, (8th Cir. U.S. Court of Appeal) recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial.

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Eleventh Circuit Moves Toward bright line rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016).

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A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot.

 · In Green v. Specialized Loan Servicing, LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only.

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11th Circuit court rejects claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA In Green v. Specialized Loan Servicing , LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only seek his last five years of mortgage installments due to Florida’s five-year statute of limitations for mortgage foreclosure.

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