10th Circuit Rules FDCPA Does Not Apply to Non-Judicial Foreclosure Proceedings

The Tenth Circuit Court of Appeals recently held that a non-debt collector defendant seeking a non-judicial foreclosure was not liable to a borrower/plaintiff for alleged violations of the Fair Debt Collection Practices Act . Acknowledging a circuit split on the question of whether non-judicial foreclosure proceedings are covered by the FDCPA, the court reasoned that, […]

FDIC Addresses Risk Management Practices for Discontinued Foreclosure Proceedings

The Federal Deposit Insurance Corporation has issued guidance to banks on how to handle discontinued foreclosures, with the goal of minimizing the impact that such discontinued proceedings will have on properties and affected neighborhoods. The guidance is set forth in a Financial Institution Letter clarifying supervisory expectations for a financial institution’s risk management practices regarding […]

Discontinuation of Foreclosure Proceedings

The FDIC is clarifying supervisory expectations in existing guidance for institutions’ risk-management practices for decisions to discontinue foreclosure proceedings after initiating such actions, which are commonly referred to as abandoned foreclosures. Institutions should have appropriate policies and practices pertaining to decisions to discontinue foreclosure actions. Foreclosure News