FDCPA Archives - Kaman & Cusimano

Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures

Facts Plaintiff, O’Donnell, bought his condo in 2012 and sold it in 2019. Beginning in 2013, O’Donnell missed various assessment payments. In late 2013 the association filed a lien, and in 2018 the association commenced a foreclosure action. To bring the lawsuit to an end, O’Donnell sold his unit. The sale allowed O’Donnell to pay […]

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Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

Wisconsin / K&C Wisconsin Team

Facts Plaintiffs live in Ashbrooke Property Owners Association (“Association”) and missed their annual assessment payments of $115 for three straight years. The Association hired Defendant, Equity Experts, to collect the past due amounts. Under the Declaration the past due assessments accrued interest at the rate of 18% per annum, plus the Association could charge a

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FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors

Wisconsin / K&C Wisconsin Team

For years the FDCPA (Fair Debt Collection Practices Act) has been used as a sword by debtors and debtors attorneys as a means of exacting revenge from those creditors attorneys who failed to strictly, and I mean STRICTLY, follow every small detail of the law. It reached the point that one court called it a

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Excessive Fines Cause Courts to Find Liability – A Lesson in Fair Debt Collection Practices

Wisconsin / K&C Wisconsin Team

Summary If your Association excessively fines an owner, expect a court to find a way to penalize the association. The Facts In 2004 Mr. and Mrs. Mills (“Mills”) bought a home in the subdivision called Galyn Manor. In 2007 Galyn Manor began fining Mills for a commercial work vehicle parked in their driveway in violation

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Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines

Wisconsin / K&C Wisconsin Team

Please join the Condominium & HOA Law Team on February 5, 2021, as we outline the NEW 2020 Robert’s Rules, how parliamentary procedure should be used to run meetings more efficiently, some case examples of fine issues that arise and how to solve them, some basic collection reminders relating to death, trusts and mortgages and

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Foreclosing on a Unit When Owner Discharged in Bankruptcy

Wisconsin / K&C Wisconsin Team

The Fair Debt Collection Practice Act (FDCPA) was enacted to protect consumers from unscrupulous debt collectors; as a shield against prohibited acts. However, it is now often used as a sword, by attorneys who are part of a “cottage industry” that simply look for even the smallest of violations and then claim thousands of dollars

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Association Academy: What’s New in 2022! Things You Need to Know

Wisconsin / K&C Wisconsin Team

Please join the Condominium & HOA Law Team on March 25, 2022, for this informative virtual seminar. We’ll cover what is new with the Fair Debt Collection Practices Act (FDCPA), collections and the new mortgage underwriting requirements. Topics FDCPA Update – How Regulation F now affects managers Collections – 5 things that help your associations

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Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

Wisconsin / K&C Wisconsin Team

Summary A company that handled fee collections for an Association engaged in unlawful practices when it falsely indicated that a lien had been filed against two homeowners. Facts Plaintiffs Chad and Caitlin Truhn fell behind on their assessment payments to their Homeowner’s Association. In their agreement with the Association, the Truhns agreed to pay the

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Condo | HOA Lawyers

FDCPA

Attorney Fees – FDCPA Violation – Failure to Follow Association Document Procedures

Class Action Status Granted to Association Homeowners Alleging FDCPA Violations

FDCPA – Fair Debt – The Latest Case Actually Benefits Creditors

Excessive Fines Cause Courts to Find Liability – A Lesson in Fair Debt Collection Practices

Association Academy: Your Rules, Robert’s NEW Rules and Court Rules Relating to Fines

Foreclosing on a Unit When Owner Discharged in Bankruptcy

Association Academy: What’s New in 2022! Things You Need to Know

Debt Collectors Adherence to Generic Forms Were Inaccurate and Misleading

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