The “Meaningful Attorney Involvement” Standard

first_imgHome / Daily Dose / The “Meaningful Attorney Involvement” Standard Demand Propels Home Prices Upward 2 days ago January 10, 2019 2,715 Views Share Save About Author: Melissa Z. Prantzalos  Print This Post About Author: Brian P. Henry in Daily Dose, Featured, News, Print Features Melissa Z. Prantzalos, at attorney at Orlans PC, earned her undergraduate degree summa cum laude from the University of Detroit Mercy and her law degree from the Detroit Mercy School of Law. Her areas of practice include eviction, foreclosure, and contested litigation. Prantzalos is a member of the State Bar of Michigan and is admitted to practice in the United States District Court for the Eastern District of Michigan. Sign up for DS News Daily Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Tagged with: Borrowers default Foreclosure Legal Lenders Servicers Supreme Court Brian P. Henry is the Chief Legal Officer for Orlans P.C., the largest women-owned multi-jurisdictional law firm in the country, comprised of over 60 attorneys licensed in eight jurisdictions. Henry oversees legal operations for all services related to mortgage default and transfers of real estate. He has over 35 years’ experience in real estate law, title, and related litigation. Henry is a past Chair of the Real Property Law Section of the State Bar of Michigan and its CLE Committee. center_img Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago The “Meaningful Attorney Involvement” Standard Borrowers default Foreclosure Legal Lenders Servicers Supreme Court 2019-01-10 Radhika Ojha Data Provider Black Knight to Acquire Top of Mind 2 days ago Editor’s note: This feature originally appeared in the January issue of DS News, out now.Why is the “meaningful attorney involvement” standard discussed in cases where a law firm collects a debt? In Bock v. Pressler & Pressler, LLP, 30 F. Supp 3d 283 (D. N.J. 2014), the court held that a law firm violated the Fair Debt Collection Practices Act (FDCPA) by making an “implied representation that an attorney was meaningfully involved in the preparation” of a collection complaint. The district court found an FDCPA violation because the attorney who reviewed the collection complaint did not spend enough time doing so. The court held that a collection complaint is “inherently” false and misleading, unless, at the time of signing it, the attorney “1) drafted, or carefully reviewed, the complaint; and 2) conducted an inquiry, reasonable under the circumstances, sufficient to form a good faith belief that the claims and legal contentions in the complaint are supported by fact and warranted by law.”The FDCPA does not specifically define or use the term “meaningful attorney involvement.” However, section 1692e(3) of the FDCPA contains a simple prohibition that debt collectors may not make any “false representation or implication that any individual is an attorney or that any communication is from an attorney” [15 U.S.C. § 1692e(3)]. Over time, courts broadened the interpretation of section 1692e(3) to require that collection attorneys be “meaningfully involved” in the review of a consumer’s file before sending a collection letter. [See, e.g., Clomon v. Jackson, 988 F.2d 1314, 1320-21 (Second Cir. 1993); Avila v. Rubin, 84 F.3d 222, 228-29 (Seventh Cir. 1996)].Judicial and administrative decisions interpreting the meaningful involvement standard since Bock slowly stretched the language of section 1692e(3) into new directions [See Consumer Financial Protection Bureau v. Frederick J. Hanna & Assoc, 165 F. Supp 3d 1330 (ND Ga. 2015— CFPB alleged that collection firm attorneys lacked personal knowledge of the facts in the affidavits used in pleadings to collect debts); Mohr v. Security Credit Servs, LLC, 141 F. Supp 3d 179 (NDNY 2015)—collection firm required to provide plaintiff with the names of the employees who prepared collection complaints].There are many examples of what is not “meaningful involvement” in judicial decisions,but no ruling provides any definitive standards or procedures that an attorney can follow in order to ensure compliance. Adding to the confusion, some courts have ruled that it is possible to “disclaim” involvement in the preparation of collection letters and pleadings if the disclaimer satisfies certain criteria. [See Gonzales v. Kay 577 F.3d 600 (Fifth Cir. 2009); Jones v. Dufek, 830 F.3d 523 (D.C. Cir. 2016); Powell v. Aldous & Assocs., P.L.L.C., 2018 WL 278736 (D.N.J. 2018)].At present, some appellate courts have ruled that foreclosing on a secured property interest is not covered by the FDCPA. Other courts reason that the FDCPA applies since the purpose of the foreclosure is to obtain repayment of a loan. In some states, the non-judicial process is an elected remedy that prevents the lender from seeking a deficiency judgment, while a judicial foreclosure allows for a monetary judgment and pursuit of a deficiency. Currently, there is much uncertainty regarding whether a non-judicial foreclosure is properly characterized as debt collection.To understand those decisions concluding that a non-judicial or quasi-judicial foreclosure is not the collection of a debt, please review Obdusky v. Fargo 879 F.3d (10th Cir. 2018) (attempting to enforce a security interest is not the same as collecting a debt); Ho v. ReconTrust Co. N.A. 858 F.3d 568, 573 (Ninth Cir. 2016) (entity does not become a debt collector if its only role in the debt collection process is the enforcement of a security interest; Speleos v. BAC Home Loan Servicing LP, 824 F. Supp 2d 226, 232-233 (D. Mass. 2011) (foreclosure law firm cannot be held liable under the FDCPA because it is enforcing a security interest); and Jordan v. Kent Recovery Services, 731 F. Supp. 652, (D. Del. 1990).To understand those decisions concluding that non-judicial and judicial foreclosures are the collection of a debt, please review Glazer v. Chase Homes Fin. LLC, 704 F.3d 453 (Sixth Cir. 2013) (holding that mortgage foreclosure is debt collection under the FDCPA): Reese v. Ellis, Painter, Ratterree & Adams, L.L.P, 687 F.3d 1211 (11th Cir. 2012) (holding that a foreclosure firm qualified as a debt collector because it regularly engaged in the business of collecting debts); Wilson v. Draper & Goldberg, P.L.L.C. 443 F.3d 373 (Fourth Cir. 2006) (holding that the FDCPA applies to lawyers conducting a deed of trust foreclosure); Kaltenbach v. Richards, 464 F. 3d 524 (Fifth Cir. 2006) (holding the FDCPA can apply to a party whose principal business is enforcing a security interest).Next summer, the U.S. Supreme Court will clarify whether the FDCPA and the “meaningful attorney involvement” standard are applicable to non-judicial foreclosures [see Obduskey v. McCarthy & Holthus LLP U.S., No. 17-1307, June 28, 2018].Wells Fargo hired the law firm of McCarthy & Holthus LLP to pursue non-judicial foreclosure proceedings against Dennis Obduskey after he defaulted on his mortgage loan. Obduskey sued McCarthy and Wells Fargo, alleging, among other things, a violation of the FDCPA. The district court granted the defendants’ motions to dismiss on all claims and noted disagreement among courts as to whether the FDCPA applied to non-judicial foreclosure proceedings.Upon Obduskey’s appeal to the U.S. Court of Appeals for the Tenth Circuit, the appellate court held that McCarthy was not a debt collector under the FDCPA because attempting to enforce a security interest was not the same as attempting to collect a money debt.In reaching this conclusion, the Tenth Circuit joined the Ninth Circuit and ruled in conflict with the outcomes reached on this topic in the Fourth, Fifth, and Sixth Circuits. Law firms serving clients in the default industry must be familiar with the cases addressing “meaningful attorney involvement” when drafting debt collection letters and pleadings. Currently, there are divergent appellate court rulings on whether non-judicial and judicial foreclosures areattempts to collect debts and therefore subject to the provisions of the FDCPA. Thankfully, the Supreme Court decision in Obduskey v. McCarthy & Holthus will provide clarity on whether law firms initiating non-judicial foreclosures are subject to the provisions of the FDCPA. Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: The Shifting Sentiments in Housing Next: Is the Housing Market Recession Ready? Subscribelast_img read more

Pinnick’s Foundation takes over education of late Abe’s children

first_imgBrownhill Foundation, the Foundation of President of the Nigeria Football Federation, Mr. Amaju Melvin Pinnick will henceforth be responsible for the educational needs of the two most senior children of the late NFF Head of ICT, Tolulope Abe. Making this pledge on a visit to the late Abe’s residence in Kubwa, Abuja on Wednesday, Pinnick said similar arrangements would also be made for the other three children once they gain admission into higher institutions. “Brownhill Foundation will start with the two children who are in the university already, and subsequently the Foundation will be ready to extend these to the other children once they enter higher institutions of learning. “We are all very much pained by Tolulope Abe’s death. He was a very dedicated and loyal staff and will be very difficult to replace. He had very useful institutional experience and was also very committed and proficient in his job. Such men are at a premium. We will sorely miss him. He belonged to the category of individuals who believe in giving their very best to the success of their organizations. “This family will never be abandoned. Whatever we can do for the other children before they get to higher institutions of learning, we will. That is the least we can do for a wonderful individual and member of staff like Tolulope Abe.”Advertisement Also speaking during the visit, First Vice President of the NFF, Barrister Seyi Akinwunmi said he was devastated by the news of Tolulope’s passing and would only be ready and willing to assist the family in whichever way he could go forward. read also:South-South FA Chairmen to NFF: You can’t conduct another DFA election The late Tolulope’s wife, Omobolanle, and his aged mother expressed appreciation to the NFF President and his team for the kind gestures. Also with the NFF President during the visit were Ademola Olajire (NFF’s Director of Media and Communications); Chikelue Iloenyosi (SA to NFF President), Ayo Olu-Ibidapo, and Munnir Shittu (Staff of the NFF Communications Department). The remains of Tolulope Abe, who died on Saturday, 29th August 2020, was committed to mother earth in Abuja last Saturday. FacebookTwitterWhatsAppEmail分享 Promoted ContentWho Is The Most Powerful Woman On Earth?6 Incredibly Strange Facts About HurricanesDisney’s Live-Action Simba Was Based On The Cutest Lion Cub EverMost Popular Movies With Sylvester StalloneWhich Country Is The Most Romantic In The World?Mysterious Astrological Discoveries That Left Scientists BaffledBirds Enjoy Living In A Gallery Space Created For Them7 Theories About The Death Of Our UniverseCouples Who Celebrated Their Union In A Unique, Unforgettable WayWorld-Ending Scenarios: This Is How The Apocalypse May HappenThe 18 Most Visited Cities In The World7 Universities Where Getting An Education Costs A Hefty Pennycenter_img Loading… last_img read more

Thunder Bay National Marine Sanctuary looking for volunteers, candy for upcoming ‘Trick or Treat’ Event

first_imgAddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThisAlpena — ‘Trick Or Treat’ is coming back to the Great Lakes Maritime Heritage Center.Volunteers and employees of the NOAA Thunder Bay National Marine Sanctuary will help deck out the museum with spooky designs and decorations. Last year, over 2,000 trick-or-treaters explored the haunted museum, grabbing candy and putting together arts and crafts.“On Halloween, it’s really a completely different atmosphere, and so we draw new people into the sanctuary, and they see what a fascinating, fun place it is,” said Katie Wolf, Friends of Thunder Bay National Marine Sanctuary Director. “We also have educational craft activities at night.”The event is free and open to the public. Families are encouraged to attend. ‘Trick or Treat’ takes place Friday, October 26th from 5:00 p.m. to 8:00 p.m.Volunteers and candy donations are needed to put this event on for the youngster to enjoy. Last year, the sanctuary actually ran out of candy for trick-or-treaters.If you would like to help volunteer or would like to make a candy donation, email the sanctuary at [email protected] or call the sanctuary at 989-356-8805.AddThis Sharing ButtonsShare to FacebookFacebookShare to TwitterTwitterShare to MoreAddThis Tags: alpena, Candy, GREAT LAKES MARITIME HERITAGE CENTER, Halloween, NOAA, Thunder Bay National Marine Sanctuary, trick or treat, VolunteersContinue ReadingPrevious What’s Trending for September 25Next Michigan State Police’s Marine Services Team training at the sanctuary this weeklast_img read more

Azusa drug, gun probe continues

first_imgAZUSA – Police said on Wednesday they expect more people to be arrested in a $1.1 million drug and weapons bust in an industrial warehouse on the northwest side of town. About 200,000 Ecstasy pills, which go for at least $5 a pill on the street, were found along with a cache of guns, which Azusa Sgt. Tim Harrington said he couldn’t put a value to. Capt. Sam Gonzalez said the FBI will eventually take over the case. “With the size and amount recovered from that lab, there has to be more involved than just one person,” Gonzalez said. Mihran Nishan Panian, 32, of Pasadena is expected to be arraigned in federal court next week. Panian was arrested Monday on suspicion of transporting and selling a controlled substance and is being held in lieu of $75,000 bail at the Inmate Reception center in Los Angeles, authorities said. [email protected] (626) 962-8811, Ext. 2108 AD Quality Auto 360p 720p 1080p Top articles1/5READ MOREBlues bury Kings early with four first-period goals 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Perlas Pilipinas falls to Indonesia anew as road to gold gets tougher

first_imgBuoyed by a big Filipino crowd at MABA Stadium, the Philippines fought hard, but Indonesia proved to be too much in the end as a familiar narrative was rewritten.The Filipinos also yielded to the Indonesians in the 2015 SEA Games with Natasha Christaline leading the way.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutChristaline was brilliant yet again, scoring 25 points on 8-of-13 shooting from the field. Yuni Anggraeni also made a big impact with 16 points and 11 rebounds.The setback to Indonesia, just like before, dealt a huge blow to the Philippines’ bid to bag its breakthrough gold medal in women’s basketball. SEA Games in Calabarzon safe, secure – Solcom chief Joshua open to MMA crossover fight Read Next Brace for potentially devastating typhoon approaching PH – NDRRMC Don’t miss out on the latest news and information. LATEST STORIES UPLB exempted from SEA Games class suspension View comments MOST READcenter_img Perlas Pilipinas quickly lost its luster, dropping a 78-68 decision to Indonesia just a day after its sparkling debut against Singapore in the 2017 Southeast Asian Games.ADVERTISEMENT SEA Games: PH’s Alisson Perticheto tops ice skating short program LIST: Class, gov’t work suspensions during 30th SEA Games WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding LOOK: Venues for 2019 SEA Games Perlas took a 41-34 lead at the half but its shooting turned sour in the second half while Christaline caught fire for Indonesia, which gained a 59-50 advantage entering the final frame.Allana Lim had 15 points for PH, which ripped Singapore, 88-54, in the opener, while Camille Sambile added 14. Catriona Gray spends Thanksgiving by preparing meals for people with illnesses PH billiards team upbeat about gold medal chances in SEA Games PLAY LIST 03:07PH billiards team upbeat about gold medal chances in SEA Games05:25PH boxing team determined to deliver gold medals for PH02:49World-class track facilities installed at NCC for SEA Games00:50Trending Articles01:35Panelo suggests discounted SEA Games tickets for students03:04Filipino athletes share their expectations for 2019 SEA Games00:45Onyok Velasco see bright future for PH boxing in Olympics02:25PH women’s volleyball team motivated to deliver in front of hometown crowd01:27Filipino athletes get grand send-off ahead of SEA Gameslast_img read more

10 months agoBrighton boss Hughton finds positives from Chelsea defeat

first_imgAbout the authorPaul VegasShare the loveHave your say Brighton boss Hughton finds positives from Chelsea defeatby Paul Vegas10 months agoSend to a friendShare the loveBrighton boss Chris Hughton drew positives from defeat at home to Chelsea.Solly March pulled a goal back for the Seagulls after first-half strikes from Pedro and Eden Hazard, and Hughton decided to focus on his team’s second-half reaction, as they created chances to equalise against the Blues.He said, “We have to take the positives from how we finished the game. We were up against a very good side — whether it was at home or away, they’ve spent big money and brought in exceptional players.“They’re a team that will be pushing at the top end of the division, so we have to understand that and respect that.“But I thought we were in the game for large periods, and that’s what you want. I can’t fault the effort our players put in, particularly in the second half.“We said ‘if you can get that first goal back, anything can happen’. If one of those scrambles in the last few minutes goes in, then it’s a different outcome.” last_img read more

Report Ohio State AD Gene Smith appointed to College Football Playoff committee

Ohio State Vice President and Director of Athletics Gene Smith announces a $42-million renovation project to Ohio Stadium during a press conference at the Ohio Stadium Recruit Room on March 29. Credit Michael Huson | Campus EditorOhio State Senior Vice President and Athletic Director Gene Smith has reportedly been named to the College Football Playoff committee. According to Heather Dinich of ESPN.com, Smith will replace Wisconsin Athletic Director Barry Alvarez on the committee.Smith also currently serves on the NCAA Men’s Basketball Oversight Committee, starting in 2015 through 2018.From 2007-2011, Smith served on the NCAA Division I Men’s Basketball Tournament selection committee, and was chairman of the committee his final year of 2011.Smith has served as OSU’s athletics director since 2005. Alvarez, along with former U.S. Secretary of State Condoleezza Rice and former Furman and Vanderbilt coach Bobby Johnson.Smith is a native of Cleveland, Ohio, and played football at Notre Dame University. He won an Associated Press national championship in 1973 with the Fighting Irish. He was also on the coaching staff for the 1977 national championship team. read more

Is Your Home Winter Ready

center_img Central Emergency services advises you to check your smoke and carbon monoxide detectors. Read the back of the alarm for either manufactured date or expiration date. 10 years old? Time for a new one. According to CES, you should have one in the bedroom, hallway outside bedrooms, and kitchen area. Kenai Fire Marshall Tommy Carver says it’s time for homeowners to start some crucial home fire safety maintenance:  “I recommend first of all that people get their chimneys cleaned, those that use wood as a heat source. Another big one, because we’ve had a few fires in the last year or two, furnaces and boilers. We want people to get those serviced by a qualified technician. Because they actually get inside them and make sure they’re cleaned out and everything’s working efficiently.”last_img read more