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DOJ Sues Foreclosure Trustee for Illegally Foreclosing on Homes of Servicemembers

On November 9, the Department of Justice (“DOJ”) annou​nced its lawsuit against a foreclosure trustee for wrongfully foreclosing on at least twenty-eight servicemembers in violation of the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3953. The SCRA prohibits foreclosure on the home of a servicemember during active military service…

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Federal Reserve Board Announces Penalty Against State Bank for Alleged Violation of the National Flood Insurance Act

​On September 14, the Board of Governors of the Federal Reserve System announced the execution of a settlement with a state bank concerning alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. § 4012a(f)(4).  The Board of Governors asserted that where a pattern or practice of violations of NFIA…

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VA AG Sues Open-End Credit Plan Lender

On September 13, 2017, Virginia Attorney General (“Virginia AG”) Mark R. Herring announced that it had filed suit in Virginia state court against an open-end credit plan lender for allegedly violating the Virginia Consumer Protection Act (“VCPA”), Virginia Code §§ 59.1-196 to 59.1-207, through its lending practices. The defendant lender allegedly made illegal, unlicensed loans at…

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CFPB Secures $7.9 Million Trial Verdict Against Mortgage Loan Servicer

On September 8, a federal judge in California ordered a national mortgage services company to pay a $7.9 million civil penalty based on false or misleading marketing statements it allegedly made to consumers about its mortgage loan repayment services.  The court, however, denied the Consumer Financial Protection Bureau’s (“CFPB”) request for $74 million in restitution, finding that the…

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US Attorney Announces Settlement with Florida Condominium Complex Over Alleged FHA Reverse Mortgage Fraud

On July 20, 2017, acting United States Attorney Stephen Muldrow announced a civil settlement with the owner of a Florida condominium complex over fraudulent reverse mortgage transactions.  Defendant had been accused of violating the False Claims Act (“FCA”) and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”). The Federal…

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FTC Obtains Temporary Restraining Order Freezing Assets of Debt Collection Operation

​On July 10, 2017, the U.S. District Court for the Middle District of Florida entered a temporary restraining​ order (“TRO”) halting operations and freezing the assets of a debt collection operation, at the request of the Federal Trade Commission (“FTC”)​. The FTC charged the defendant company and individuals with violating Section 5(a)…

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Debt Collector Ordered to Pay $25 Million to State of Texas for Illegal Debt Collection Practices

On July 11, 2017, Texas Attorney General Ken Paxton secured a $25 million judgment and permanent injunction against a portfolio management company and a small law office for violations of the Texas Debt Collection Act, Texas Deceptive Trade Practices-Consumer Protection Act, and Identity Theft Protection and Enforcement Act. A jury in the District Court of…

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