Fed court in FDCPA and (NC)DCA case may disregard findings of fact made by state foreclosure court

Attorneys representing a homeowners’ association in foreclosure proceedings filed as a result of the homeowner’s failure to pay monthly assessments may not rely on the completed foreclosure proceedings in their motion to dismiss a federal complaint filed by the former homeowner alleging violations of the FDCPA and NCDCA (North Carolina’s version of the federal FDCPA), even where the District Court may make findings of fact in direct contradiction to the findings made in the foreclosure proceedings.   Read the article………….


Related Articles

Colorado: Changes to HOA Information & Resource Center proposed

HB 13-1134, which was recently introduced in the Colorado House of Representatives, proposes some interesting changes to the laws creating

State fails to protect condo owners from board fraud, grand jury finds (FL)

The Florida state agency that regulates condominium associations does not work to protect the tens of thousands who live in

California Court of Appeal Opens the Door for Construction Defect Claims Outside of SB800

On August 28, the California Court of Appeal ruled that SB800 (Civil Code sections 895 through 945.5, the “Right to