Richard Duncan Shepherd

I am sorry to have to deliver the news that Boot Camper, long-time speaker and friend, Dick Shepherd, passed last week from complications of ALS (Lou Gehrig’s Disease). His wife, Millie, contacted us with this shocking and upsetting news. Millie told us that Dick treasured his association with the Boot Camp and was always happy when he was preparing for …

Robert Dale Bernard

From his obituary: ROBERT DALE BERNARD passed away peacefully on July 15, 2015, following a short bout with cancer.  Bob was born in Windsor, Ontario, Canada, on January 29, 1958. He is survived by his wife, Joanne, and his son, Chris. Bob obtained both a masters of business administration and a law degree from Wayne State University in Detroit, Michigan. …

Defending Foreclosures in Florida Can be Tough on Attorneys

Boot Camper husband and wife team Stuart and Margery Golant recently made headlines when Stuart was forcibly removed from courtroom defending a client’s foreclosure. From the Daily Business Review: According to Samantha Joseph, He was arrested Nov. 14 in Palm Beach Circuit Senior Judge Howard Harrison’s courtroom and jailed overnight. The incident came to light June 10 when Golant & …

CFPB Director: PHH Corp. took kickbacks for mortgage insurance referrals

Consumer Financial Protection Bureau Director Richard Cordray issued a decision in the first appeal of a Bureau administrative enforcement proceeding. The director’s decision concludes that PHH Corp., a mortgage lender, illegally referred consumers to mortgage insurers in exchange for kickbacks. He also issued a final order that prohibits PHH from violating the law and requires it to pay $109 million to the …

Nationstar Forced Placed Insurance Class Action

Class Members who are part of $54 million Nationstar Mortgage LLC force-placed insurance class action settlement have asked a Florida federal judge to grant final approval to the deal. In the motion for final approval of the class action settlement filed Monday, the plaintiffs saidthe process has produced “an extraordinary result,” with only two objections and 26 Class Members who …

Major Victory by Boot Camp Attorneys in Arkansas

At the  NACBA convention we received word that the Arkansas Supreme Court had ruled in our favor that EVERY summons issued by a debt collection mill law firm, Hosto and Buchan, from 2003 to 2011 was defective, in that it did not tell the defendants how much time they had to answer, and thus the trial courts never obtained personal …

New FCC Ruling Expected to Have Major Legal Impact on Financial Services Industry

FCC Chairman Tom Wheeler’s TCPA “Fact Sheet” on forthcoming declaratory rulings issues should scare the heck out of any business using any telephone to reach potential, current or former customers. I believe the rulings will have a substantial impact on customer operations in the financial services industry. I expect the Declaratory Rulings to touch a number of crucial issues driving TCPA litigation. Businesses …

CFPB Goes After RPM Mortgage for Illegal Bonuses and Commission in Mortgage Originations

WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) filed a complaint in federal district court against RPM Mortgage, Inc. and its CEO, Erwin Robert Hirt, for illegally paying bonuses and higher commissions to loan originators to incentivize them to steer consumers into costlier mortgages. The CFPB also filed a proposed order that, if entered by the court, would require …

First Live Contact of Borrower by Servicer After Default–Loss Mitigation Rules

Under § 1024.39(a) of Regulation X, a servicer must establish or make good faith efforts to establish live contact with a delinquent borrower not later than the 36th day of the borrower’s delinquency and, promptly after establishing live contact, inform such borrower about the availability of loss mitigation options “if appropriate.” The Bureau has added comment 39(a)-3.i to clarify that …

Unscheduled Bankruptcy Debt and Actual Knowledge of Bankruptcy by Creditor

11 U.S.C.S. § 523(a)(3)(B) contains an exception to discharge in bankruptcy for debts specified in § 523(a)(2), (4), or (6) that are neither listed nor scheduled in time to permit timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual …