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January 2019 Archives

PTFA is Back: Lender Duties Toward Tenants Living in Foreclosed Properties

Congress has restored the federal Protecting Tenants at Foreclosure Act of 2009, which had expired under its own terms on December 31, 2014. Effective June 23, 2018, the PTFA creates a process to protect certain tenants residing in foreclosed properties from quick evictions.

Seventh Circuit Says Car Repossessor's Fee Did Not Trigger FDCPA

In the recent case of Duncan v. Asset Recovery Specialists, Inc., the U.S. Court of Appeals for the Seventh Circuit, which includes Indiana, looked at whether the Fair Debt Collection Practices Act applied when a vehicle repossession company attempted to charge a $100 fee for returning personal property from a repossessed car to the debtor-owner.

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