Hutchens Law Firm

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Seeking “reasonable” attorney’s fees permitted by state law in an action to recover a debt may land the creditor and its attorney in hot water under the FDCPA

05/10/2015 N.C. Gen. Stat. § 6-21.2 generally provides that obligations to pay attorneys' fees upon a promissory note "shall be valid and enforceable and…

North Carolina enacts version of Protecting Tenants at Foreclosure Act

02/09/2015 On August 5, 2015, the Governor of North Carolina signed into law a bill that, among other provisions, resurrects some of the rights enjoyed by…

Federal court in FDCPA and NCDCA case filed by aggrieved former borrower may disregard findings of fact made by state foreclosure court without implicating Rooker-Feldman doctrine

01/10/2015 Attorneys representing a homeowners' association in foreclosure proceedings filed as a result of the homeowner's failure to pay monthly assessments…

The CFPB continues its practice of regulation through enforcement

02/09/2015 On July 30 the CFPB entered into a consent order with Residential Credit Solutions, requiring RCS to reimburse borrowers $1,500,000 for, among other…

South Carolina Court of Appeals confirms business records exception to hearsay rule is available to servicer relying on prior servicer’s records, but warns proper procedures must be followed to take advantage of the exception

23/09/2015 In Deep Keel, LLC v. Atlantic Private Equity Group, LLC, 413 S.C. 58, 773 S.E.2d 607 (Ct. App., 2015), the South Carolina Court of Appeals dealt with…

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