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

First Bill Makes it Through (CO)

The first bill amending parts of the Colorado Common Interest Ownership Act made it out of the legislature this week,

Appeals Court Revives Fair Housing Act ‘Blog Post Harassment’ Lawsuit

A recent ruling by the Third Circuit Court of Appeals menaces free speech in condominiums, apartment buildings, and the Internet.

Case Law Update: What a Recent Appellate Decision Can Tell Associations Seeking Their Attorney’s Fees for Litigation

Florida’s Third District Court of Appeals recently handed down a decision in the matter of Gonzalez v. Int’l Park Condominium