I Stay Away From Politics, But This Guy has A Point

I don’t like to write about political things, but this guy makes a good point in this article: Why Much is At Stake in The CFPB Court Case Evidently like some other agencies, the CFPB’s director is removable only for cause, like “inefficiency, neglect of duty, or malfeasance.” Further, the CFPB is not funded by … More I Stay Away From Politics, But This Guy has A Point

An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

In a blog post last year, I talked about Beth Lavallee v. Med-1 where a debt collector’s attempt to send an FDCPA validation notice by email was struck down by the court. Among other things, the court ruled that using email to send a validation notice did not constitute ‘sending’ it within the meaning of … More An Electronic “Mailbox Rule” in The CFPB Proposed Debt Collection Regulations And The Effect of the Lavallee Case

Massachusetts Court Decision Revisits Valuation of Property In Foreclosures

I read with interest the recent Massachusetts case of Property Acquisition Group, LLC v. Kenneth Ivester et al. 95 Mass. App. 170 (2019) where the Massachusetts Appeals Court found that a foreclosing mortgagee’s failure to evaluate the development potential of residential property may have entitled the former mortgagor/homeowners to damages. It seemed to me the … More Massachusetts Court Decision Revisits Valuation of Property In Foreclosures

Who Is the Creditor? Who Is the Debt Collector? Labels vs. Inferences

Maribel Ocampo v. Client Services, Inc. (1:18-cv-04326-BMC,EDNY, 7/3/2019) is a recent case with some interesting perspectives on identifying creditors in FDCPA validation letters and object lessons for debt collectors in writing them. Let’s get right to it by looking at the disputed terms of the letter, reproduced in the debt collector’s filings: RE:                                                 Synchrony Bank … More Who Is the Creditor? Who Is the Debt Collector? Labels vs. Inferences

Wire Fraud Scenario

I get warnings on wire fraud all the time, usually from title insurance companies for whom I write title insurance.  Their legitimate concern is that if I fall victim to a wire fraud scheme, they may have to cover the loss. The warnings are useful generally but also because they sometimes contain the latest scam … More Wire Fraud Scenario