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Lee Berlik Says "Enjoin that Wrongful Foreclosure Before It Is Too Late"
Posted on 26 May 2010 by Lee Berlik

Those considering retaining a Virginia law firm to help stave off a wrongful foreclosure should keep this useful fact in mind: your lawyer's job will be a lot easier if you take legal action before the bank forecloses on your property. Seek legal... Read More

Tags: eviction , Fair Debt Collection Practices Act , fiduciary duty , mortgages , declaratory judgment , failure to state a claim , quiet title , deed of trust , foreclosure , due diligence , trustee

TCPA Does Not Deprive Federal Courts Of Jurisdiction, Supreme Court Rules
Posted on 18 Jan 2012 by Timothy Raub

WASHINGTON, D.C. - The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous... Read More

Tags: Fair Debt Collection Practices Act , Emerging Issues , Telephone Consumer Protection Act , Florida Consumer Collection Practices Act , TCPA , Marcus D. Mims v. Arrow Financial Services , 11th Circuit , Telecommunications , Arrow Financial Services LLC , FDCPA , FCCPA , U.S. Supreme Court , Marcus D. Mims

Does the Fair Debt Collection Practices Act (FDCPA) Apply to Real Estate Foreclosure Actions?
Posted on 26 Jul 2010 by Michael D. Leffel and Noel W. Spencer

The pace of home foreclosures in recent years has focused attention on the Fair Debt Collection Practices Act (FDCPA) and its application to those seeking to collect security through foreclosures. Courts are split over whether the requirements apply when... Read More

Tags: security interest , Fair Debt Collection Practices Act , foreclosure