Bank that initiated foreclosure action not subject to state debt-collection law

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Once you default on your monthly home loan payments, your lender has the right to start the process of foreclosure. However, even though your bank has initiated the foreclosure process, you do have some options to try during the pre-foreclosure period to try to avoid losing your home.

In Wallace v. Washington Mutual Bank, F.A., — F. 3d —, 2012 WL 2379664 (6th Cir. June 26, 2012), plaintiff mortgagor sued a law firm for violation of the fair debt collection Practices Act (FDCPA) for filing a foreclosure action on behalf of a bank that did not own and hold the promissory note or mortgage. The district court dismissed the complaint for failure to state a cause of action.

Bank of America NA, case number 0:13-cv-61372, in the U.S. District Court for the Southern District of Florida, alleges BoFA uses automated dialers to call the cellphones of people who have debt with the bank. In the putative class action, Katz claims that in 2010 BoFA launched a mortgage foreclosure action against him in Florida state court.

 · With the dismissal of a petition for leave to appeal at the Illinois Supreme Court, First American Bank has secured a legal victory that clarifies the Illinois Mortgage Foreclosure Law.

of Florida held that a dismissal with prejudice in a mortgage foreclosure action does not necessarily bar a subsequent foreclosure action on the same mortgage, Id. at 1005.

The procedure for levying bank accounts, as well as what amount, if any, a debtor can claim as exempt from the levy, is governed by state. Law Library Services Connecticut Law About Debt Collection.

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 · Under Federal Rule of Evidence 201(c), courts may take judicial notice of a fact not subject to reasonable dispute, such as a bankruptcy proceeding or foreclosure prevention suit. Chauhan v. Formosa Plastics Corp., 212 F.3d 595, 595 (5th cir. 2000) (citing Fed. R. Evid. 201(c), (e)). Accordingly, the Court does just that and considers the two suits.

Bank of America, N.A. v. Siefker. BoA countered that section 559.715 – and in effect, the Florida Consumer Collections Practices Act (“FCCPA”) – did not apply to mortgage foreclosure actions. The trial court initially denied Siefker’s motion and entered a final judgment of foreclosure, but upon Siefker’s motion for rehearing,