News & Analysis as of

Debt Collection Homeowners Association (HOA)

Whiteford

Client Alert: 2025 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2025 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more

Winstead PC

[Webinar] HOA Law Live: Collections and Enforcement- The Legal Process - May 21st, 12:00 pm - 1:00 pm CST

Winstead PC on

This webinar provides guidance and considerations regarding the legal process upon turnover of collection and enforcement accounts, with a specific focus on lawsuits, including obtaining a judgment and post-judgment actions....more

Orrick, Herrington & Sutcliffe LLP

California appellate court upholds ruling on debt collection practices

Recently, the California Court of Appeal for the First Appellate District upheld a ruling against a defendant and its related entities. Plaintiff had filed a class action lawsuit against the defendants, alleging that they had...more

Troutman Pepper Locke

Homeowner Files Cert Petition Over Whether an HOA Assessment Qualifies as a “Credit Transaction” under the FCRA

Troutman Pepper Locke on

The U.S. Supreme Court has been asked to decide whether a homeowner association (HOA) assessment constitutes a “credit transaction” under the Fair Credit Reporting Act (FCRA), which would open up an inquiry to the fundamental...more

Jaburg Wilk

Are HOA Debts Subject to the FDCPA?

Jaburg Wilk on

The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes”...more

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 21, 2020

Carlton Fields on

Real Property Update - HOA / Class Action: It was appropriate for trial court to narrow class to current homeowners as to counts seeking declaratory and injunctive relief, as former homeowners have no interest in relief...more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

Hinshaw & Culbertson LLP

Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the...more

Ballard Spahr LLP

Mortgage Banking Update - March 21, 2013

Ballard Spahr LLP on

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

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