PLG NEWSNews + updates + recent press
|
Archives
February 2024
August 2023
May 2023
April 2023
January 2023
November 2022
September 2022
August 2022
June 2022
April 2022
March 2022
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
August 2019
June 2019
May 2019
April 2019
February 2019
January 2019
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
March 2018
January 2018
December 2017
October 2017
September 2017
August 2017
July 2017
Since the ruling in In re Nazario Hernandez, et al v. Franklin Credit Mgmt. Corp., et al, 19-35719 (9th Cir. 2020), there have been several attempts to unwind the devastation that the interpretation by the Federal Courts of Edmundson v. Bank of America, 378 P.3d 272, 278 (Wash. Ct. App. 2016) created. This was nearly achieved in Brown v. Deutsch Bank N.A. (In re Plastino), Nos. 17-11760-MLB, 20-01012-MLB, 20-01013-MLB, 20 Bankr. LEXIS 3597, at *6-7 (Bankr. W.D. Wash. Dec. 29, 2020). However, the matter settled prior to a ruling on the appeal. Eastern District of Pennsylvania Rules that Third-Party Vendors of Law Firms are Debt Collectors3/11/2022
In Khimmat v. Weltman, Weinberg & Reis Co. LPA, the Eastern District of Pennsylvania recently held that the transmission of information to a vendor who completes a mailing is deemed a “communication” to a “person” in connection with the “collection of a debt” under section 1692c(b) of the FDCPA. The law firm in this case, considered a debt collector in this circuit, used a third-party vendor to mail correspondence to the Borrower, which included the Borrower’s name, address, and information about the nature of the debt. The Court rejected an argument from the law firm that the mail vendor is an “agent” of the law firm, noting that the FDCPA does not explicitly carve out an exception for agents of debt collectors. Not all circuits follow this logic in considering whether debt collectors can rely on letter vendors, so it is important to consult with legal counsel in the appropriate jurisdiction to determine whether use of these types of vendors is permissible under the FDCPA. Click here to read the full decision. Questions? Contact us. Contact us regarding this decision or other servicing issues in Pennsylvania. PLG's Managing Attorney of Foreclosure Operations, Jacqueline F. McNally, Esq., is licensed in Pennsylvania, New Jersey, New York, Georgia, and the District of Columbia. Click the button below to connect with Jackie. Remote Online Notarization (“RON”) continues to grow in popularity across the country as the industry continues to navigate through the pandemic. The American Land Title Association (“ALTA”) conducted a survey of consumers who have used some version of RON as part of a real estate transaction. An overwhelming number of the consumers polled felt the RON process was safe and secure. ALTA published the results from a Virginia based title company showing that 95% of the surveyed consumers would recommend RON to other consumers.* Not surprisingly, the use of RON is on the rise and more and more states are enacting statutes allowing for some version of RON. As of July, ALTA noted that 37 states currently have a statute related to RON. We predict this number will increase in 2022 with the next cycle of legislative sessions convening. “The Delaware County Common Pleas Court General Division is now piloting a mediation program for civil cases. Any civil case may be referred to mediation based on a party’s motion and the approval of the court. The assigned judge may also refer any civil case for mediation. Parties may suggest a mediator from the approved mediator list, but the court will make the final selection and appointment of the mediator. The court will pay the approved mediator for the actual time spent in the matter, up to 8 hours of mediation time. In the event the mediator or the parties would like to request that the court pay for additional mediation time, they may file a motion with the court prior to incurring those expenses. This program does not prevent parties from utilizing a private mediator at their own expense. In order for the mediation cost to be covered under this pilot program, the parties must file a motion, receive approval from the court, and utilize a mediator from the court-approved mediator list.” Padgett Law Group (PLG) today announced that Jaqueline F. McNally, Esq. has joined the firm as Supervising Attorney of Foreclosure Operations, a firm-wide leadership role. Ms. McNally will assume her role and footprint-wide responsibilities effective Monday, August 2, 2021. She previously managed the Pennsylvania and New Jersey operations of Schiller, Knapp, Lefkowitz & Hertzel, LLP; prior to that, she served as Chief Compliance Officer for Stern & Eisenberg, P.C., where she oversaw compliance matters across a 13-state footprint with nearly 50 attorneys under her purview. Ms. McNally has over a decade of experience in creditors’ rights and is licensed to practice law in Pennsylvania, New Jersey, New York, Georgia, and the District of Columbia. She will be based out of the firm’s new Pennsylvania operations, which, along with New Jersey, are currently accepting non-GSE work; both states are expected to begin full operations and join the firm’s existing seven-state footprint of GSE-compliant operations by December 31, 2021. “We are excited to welcome Jackie to PLG. Her multi-state licensure and active practice, plus her experience in managing operations and people across large footprints like PLG’s is exactly the depth of legal experience and breadth of management experience that clients come to PLG for and we’re confident that Jackie will quickly become an integral part of our leadership team,” said Chief Development Officer Robyn Padgett. Other recent notable hires by PLG include the addition of Heather Griffiths, Esq. as Supervising Attorney – Florida; Hadi Seyed-Ali, Esq. as Senior Counsel – Legal and Advisory Oversight; and nearly 25 other supervisory, processing, and administrative roles across the firm as PLG executes on its post-pandemic readiness plan. To date, the firm has met 76% of its excess staff capacity goal to meet client and referral demand expected to increase beginning in Q3 21. For additional information on any recent PLG hires, the firm’s readiness plan, or to explore PLG’s national suite of creditors’ rights services, contact the firm at marketing@padgettlawgroup.com. PANDIFFERENT, the Padgett Web Summit, was recognized today as part of the 2021 Apex Communications Awards. PANDIFFERENT won an Award of Excellence for COVID-19 Media in the Education & Training Category. The Apex Awards is an annual competition held by Communications Concepts, which has been conducting the Awards for 33 years. PANDIFFERENT, launched in October 2020, is an online education event for clients and employees of Padgett Law Group (PLG). The format, unique to virtual summits in the industry, includes ten pre-recorded sessions featuring a mix of PLG leaders, clients, and industry guests, followed by a closing super session with select panelists from the day’s recordings rejoining for a live closing. Over 500 mortgage servicing professionals registered for and participated in PANDIFFERENT 2020. Topics covered major foreclosure, bankruptcy, and litigation trends and other topics important to PLG, including diversity, inclusion, and equity. Leaders from across the industry joined various panels, including senior executives from U.S. Bank, Community Loan Servicing, a360inc, Five Star Global, American Legal & Financial Network, and more. “2020 required us to do everything differently and that included reimagining how we trained our staff clients, which traditionally was onsite and in small groups. The PANDIFFERENT concept allowed us to reach a much larger audience, cover more timely topics, and deliver an innovative product to PLG clients that no other firm in our industry can offer,” said Chief Development Officer Robyn Padgett. PANDIFFERENT: The Padgett Web Summit returns October 1, 2021 and registration opens Thursday, July 15 at PadgettLawGroup.com. Registration is complimentary for employees of lenders, mortgage servicers, credit unions, banks, hedge funds, investors, other financial institutions, government agencies, and local, state, and federal housing authorities. All others may request an invitation by contacting marketing@padgettlawgroup.com. |
PLG BLOG DISCLAIMER
The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. |
Padgett Law Group and Padgett Law Group EP are D/B/As of Timothy D. Padgett, P.A. Timothy D. Padgett, P.A.'s practice areas include creditors' rights, estate planning and probate, real estate transactions and litigation. Not all practices or services are available in all states in which Timothy D. Padgett, P.A. practices.
PRIVACY STATEMENT | WEBSITE DESIGN BY SQFT.MANAGEMENT
|