After observing the physical deterioration of a home, a lender sent inspectors to the property to determine whether the property was abandoned, posted notices on the property and sent letters to the borrower asking about the status of the property.…
Held: Agreement Reached Before Litigation Not Subject To Under Audobon-Style Summary Enforcement
Since the Connecticut Supreme Court issued its decision in Audobon Parking Associates v Barclay & Stubbs, Connecticut attorneys have understood that if the parties to litigation reach an agreement to settle a case with sufficient clarity as to terms, the…
Second Circuit Rules that Failure to Advise Borrower of Balance Increase Due to Fees and Interest Violates FDCPA
The Second Circuit Court of Appeals recently held that Section 1692e of the Fair Debt Collection Protection Act (“FDCPA”) requires debt collectors to disclose any potential increase in the account balance due to fees and interest when notifying consumers of…