v. Dep’t of Ins. of State of Ind., 425 N.E.2d 203, 206 (ind. ct. app. 1981). Regarding Lunsford’s claim that Deutsche Bank does not exist and, therefore, lacked standing to bring the foreclosure action, Indiana Trial Rule 9(A) provides that although it is not necessary to prove that a party has the capacity to sue or be sued or that

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Reiterating Warren, the Court explained that enforcement of a security interest alone is not debt collection for purposes of the FDCPA. Given the 11th Circuit’s precedent, the District Court was compelled to dismiss Gillis’s FDCPA claims. Gillis failed to allege any act that would constitute debt collection under the FDCPA.

Does it start with the bank’s acceleration and foreclosure lawsuit and end after five years, as had been the law in Florida prior to the Fifth DCA’s Bartram decision and as is still the case in nearly.

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Debt collection lawsuit - can I defend myself or settle the case without a lawyer? The banks asked the court to apply its ruling only to future transactions, but the court rejected that. The court said it had not made a significant change in common law and. were subject to.

Chase initiated foreclosure proceedings. agreement – especially where the bank representatives make specific representations as to the likelihood of a loan modification – may be able to state a.

Foreclosure Law: What Banks Can and Can’t Do. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.

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The banks asked the court to apply its ruling only to future transactions, but the court rejected that. The court said it had not made a significant change in common law and. were subject to.

Deutsche Bank National Co. Plaintiffs initiated this action in state court, alleging a claim under the fair debt collection Practices Act, as well as claims for declaratory judgment and quite title. On 6th Oct.,2005. virginia debt collection Laws. The Virginia legislature has not written a law similar to the federal fair debt collection practices Act.