Creditors' Sidebar

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).

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.

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...

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...