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

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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.

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.

Debt Collectors, The FDCPA, Technical Violations, and the Fence Analogy An Internet Mortgage Provider Reaps the Rewards of Lending Boldly 11th Circuit court rejects claim that Mortgage Statements Sought Time Barred Debt in Violation of FDCPA – Burr & Forman Page 7 of 13 – Phoenix Bankruptcy & Foreclosure Attorney – Unless the debt has been reaffirmed, a Chapter 7 discharge relieves an individual debtor from.

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