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

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A foreclosure action consists of both an action at law to collect on a promissory note to repay a mortgage debt and an action in equity to enforce a mortgage interest by sale of the property through foreclosure, the Ohio Supreme Court explained today.. before Deutsche Bank initiated the.

In so ruling, the Court directly overturned its decision in Bank of America etc. Assn. v. Pendergrass, which has been the law in California. it was not even followed in drafting treatises or recent.

McCarthy & Holthus LLP, holding that parties who enforce security interests are not debt collectors within the meaning of the Fair Debt Collection Practices Act provided that they do no more than the.

In an extrajudicial foreclosure, the mortgagee need not initiate an action in court but may simply file an application before the Clerk of Court to secure attendance of the Sheriff who conducts the public sale. This is done pursuant to a power of sale. Note that these two modes specifically apply to real estate mortgages.

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had not complied with the forbearance procedures outlined in the Handbook. As in the instant case, the bank claimed the Handbook/regulations do not carry the force of law and so are not defenses to foreclosure. We have already noted that our Court determined the regulations could still form the basis of an equitable defense.

Under Rule 1.130, the lender must attach both the mortgage and the promissory note to the pleading asserting its foreclosure cause of action (the “complaint”). If either of these documents is not attached to the document, or if they are incomplete in anyway, then the procedural rules have not been met.

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The DOJ had initiated a review of accessibility of non-fixed equipment. As with the ANPRMs regarding website accessibility, the DOJ did not undertake any action regarding this ANPRM in the past.

Ohio Foreclosure Defense Attorney Chris Gant Sues Mortgage Companies, Debt Collectors, and Banks does or does not apply to state law. Some states most likely would adopt the FTC’s interpretation, based on statutory language that state law should be interpreted in accordance with the federal FDCPA. Other states are silent on the matter and have indicated through informal