In an extrajudicial foreclosure, the mortgagee need not initiate an action in court but may simply file an application before the Clerk of Court to secure attendance of the Sheriff who conducts the public sale.
Draper & Goldberg, P.L.L.C., 443 F.3d 373, 375-77 (4th cir. 2006), where it held that a law firm that provided notice that it was preparing foreclosure papers and thereafter initiated foreclosure proceedings could be a debt collector as defined by the FDCPA.
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
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.
Between 2010 and 2016 the Federal Trade Commission banned more than 60 companies that did not follow the Fair Debt Collection Practices Act. The FDCPA specifies that if a state law is more restrictive than the federal law, the state law will supersede the federal portion of the act.
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In addition to federal legislation, New Jersey collection practice is subject to the restrictions of the New Jersey Fair Debt Collection Practices Act (N.J.S.A. 4-18-1 . et seq.). Rules of Court: The New Jersey Rules of Court set forth the state Rules of Professional Conduct as well as the rules controlling actions in the Superior Court.
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The Court of Special Appeals of Maryland, the intermediate appellate court in that state, recently held that a party who authorizes a foreclosure trustee to initiate a foreclosure action on a deed of trust must be licensed as a collection agency in the state before filing the foreclosure lawsuit, and that this licensing requirement applies to trusts formed outside of the State of Maryland.
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