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

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.

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In Johnston v.Midland Credit Management, the U.S. District Court for the Western District of Michigan, Southern Division, held that a mere "procedural violation" did not satisfy the concrete-harm requirement of standing, and that a complaint alleging an FDCPA violation did not automatically establish a claim upon which relief may be granted.

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The Fair Housing Act: Is Protection For Lenders From Disparate Impact Claims On The Horizon? – After Two Decades, Shouldn’t Compliance With The Americans With Disabilities Act Be Easier? – Excerpt.

Ellis, Painter, Ratterree & Adams, LLP, No. 10-14366, 2012 WL 1500108 (11th Cir. May 1, 2012), the Eleventh Circuit ruled that a foreclosure firm conducting a non-judicial foreclosure could be liable under the Fair Debt Collection Practices Act ("FDCPA") for sending homeowners correspondence that includes false or misleading information.

Your Christ is my Devil (10-18-11). The remainder was to come in the form of "credits" for reducing mortgage debt and other loan activities.. From the law firm Burr & Forman, LLP: The Eleventh Circuit Court of Appeals released an opinion earlier this month that could give foreclosure.

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.

Defendants’ motion to dismiss argues four independent grounds justify dismissal of the claims: (1) the complaint fails to establish that federal jurisdiction exists; (2) the complaint fails to state any claims for relief; (3) the claims are barred judicial estoppel; (4) the complaint is an impermissible shotgun pleading in violation of Fed. R. Civ. P. 8(a). The first two arguments are sufficient to justify dismissal of the complaint and thus the merits of the final two arguments do not need.

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