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A Remedy Foreclosed? Mortgage Foreclosure And The Fair Debt Collection Practices Act, Richard D. Gage
A Remedy Foreclosed? Mortgage Foreclosure And The Fair Debt Collection Practices Act, Richard D. Gage
Fordham Law Review
During the Global Financial Crisis, millions of homeowners received foreclosure notices. Many of these notices were sent by attorneys, and informed consumers of an impending mortgage foreclosure. Courts are split on whether foreclosures must conform with the Fair Debt Collection Practices Act (FDCPA). In order to be subject to the FDCPA, an entity must meet the statutory definition of “debt collector.” Courts struggle with whether foreclosure attorneys fall under this definition. This Note examines this conflict, and suggests a fact-sensitive framework for evaluating whether foreclosure attorneys are debt collectors.
Home Ownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby
Home Ownership Risk Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby
Fordham Law Review
A surge in delinquency among risky subprime home mortgages has produced calls for front-end regulatory fixes as well as emergency foreclosure avoidance interventions. Whatever the merit of those interventions, this Essay calls for home mortgage delinquency management to be conceptualized as an enduring component of housing policy. The Essay identifies and evaluates a framework for the management of delinquency that is not limited to formal foreclosure law and includes other debtor-creditor laws such as bankruptcy, industry loss mitigation efforts, and third-party interventions such as delinquency housing counseling. The Essay also proposes that delinquency management be evaluated through the lens of …
Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. 9-504: Has The Pendulum Swung Too Far , Robyn L. Meadows
Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. 9-504: Has The Pendulum Swung Too Far , Robyn L. Meadows
Fordham Law Review
No abstract provided.
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
Fordham Law Review
No abstract provided.
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Fordham Law Review
No abstract provided.