Complaint Against Law Firm for Initiating Foreclosure Proceedings Dismissed by Federal Court

admin

Recently, a federal court dismissed a case against a law firm that initiated foreclosure proceedings on the plaintiff's property, applying Florida's litigation privilege and because the complaint failed to adequately allege causes of action for malicious prosecution and violations of the FDCPA. A foreclosure action was initiated against the plaintiff by their reverse mortgage servicer, […]

Supreme Court to Decide Whether FDCPA Applies to Non-Judicial Foreclosure Proceedings

admin

McCarthy & Holthus LLP, et al. , and resolve a circuit split on whether the Fair Debt Collection Practices Act applies to non-judicial foreclosure proceedings. Because the Supreme Court's decision in Obduskey will determine whether the FDCPA's protections apply in countless non-judicial foreclosure actions, it could have a significant financial impact on the mortgage industry. […]