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Bankruptcy, Insolvency and Creditors’ Rights
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Enforcers of Security Interests in Nonjudicial Foreclosure Proceedings Are Not Subject to Many Provisions of the Fair Debt Collection Practices Act

In March 2019, the U.S. Supreme Court issued a narrow holding that debt collectors enforcing security interests in nonjudicial proceedings are subject to only one section (Section 1692f(6)) of the Fair Debt Collection Practices Act (FDCPA).

by Katie M. Glass January 23, 2020
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It is still so Madden-ing!

We have posted twice before on the Second Circuit Court of Appeals’ incorrect decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015). There, the court of appeals reversed a district court ruling and refused to enforce a Delaware choice of law provision citing the public policy inherent in the New York criminal usury statute.

by Richard A. Vance December 31, 2019
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Is eRecording Secure? Recognizing the Risks, Deflating the Myths

When it comes to the electronic recording and notarization of documents, Kentucky has historically been on the outside looking in, while neighboring states have embraced the efficiency and cost-saving benefits of eRecording. But that may...
by Richard A. Vance January 05, 2018
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Kentucky To Consider E-Recording Reforms

The past two decades have seen a paradigm shift in the way states sign, record, and notarize documents. Once hindered by paper document and "wet" signature requirements, the modern recordation process in many states has...
by Richard A. Vance October 23, 2017