Sunday, December 31, 2017

2017 End-of-Year Index of blawg posts on student loans and consumer debt issues



Leandra English v Donald Trump et Mick Mulvaney Non-news in lieu of Big News: Oral arguments heard 12/22/2017, English bid for preliminary injunction taken under advisement. - Docket with Amici Roster and List of Attorneys. EVOLVING STORY: Leandra-English-v-Mulvaney-and-President-Trump-CFPB-Leadership-Fight (injunction suit docket) 12/27/17

NCSLT as an original creditor? - Another court finds misrepresentation as to identity of lender in private student debt collection suit, denies defendant law firm's motion for summary judgment in FDCPA class action suit. FILED UNDER: FDCPA, misrepresentation-by-debt-collector, National-Collegiate-Student-Loan-Trusts, private-student-loans - posted 12/21/17

Show me the Note, not to mention the Valid-when-made Doctrine. The curious case of Madden Madness and its Spread beyond Midland. TAGS: alternative-theories, federal-preemption, National-Bank-Act, post-chargeoff-interest, usury - posted 12/17/17

Other Circuits should follow the Second Circuit in Madden v Midland Funding and create national uniformity in protecting pre-crash victims of predatory lending (2017 Law Review article by Angel Rzeslawski) (paraphrased). TOPCIS: federal-preemption, MIDLAND-FUNDING-LLC, National-Bank-Act, predatory-lending-issue, usury – posted 12/12/17

Rich Reister vs. Wretched Reynolds – Disparate treatment of lawyers reaching out to people in need of legal services too quickly under Texas anti-Barratry Statute is ... rather troubling TAGS: lawfirm-marketing, solicitation, barratry – posted on 12/11/17

Attack on default judgment after trial no-show successful on appeal - Midland Funding v. Rosa Gonzales (Tex.App. - Eastland Sep. 21, 2017). TOPICS: challenge-to-default-judgment, due-process, insufficient-notice-of-hearing-or-trial, MIDLAND-FUNDING-LLC, motion-for-new-trial – posted on 12/10/17

Court of Appeals lectures pro se appellant on how he went wrong; - lessons are worth heeding. PRO SE LITIGATION TOPICS: bill-of-review, common-errors-when-appealing-a-judgment, post-judgment-relief, pro-se – posted on 12/10/17

No "Restricted Appeal" if a post-judgment motion was filed; DEFAULT JUDGMENT TOPICS: attempted pro se appeal dismissed appeal-from-default-judgment, challenged-to-default-judgment, motion-for-new-trial, post-judgment-motions, post-judgment-relief – posted on 12/9/17

CFPB vs NCSLT vs PHEAA dba AES update: Copy of Granted Proposed Order resolving Trust residuals ownership issue filed in Delaware federal court. TAGS: CFPB, National-Collegiate-Student-Loan-Trusts. TAGS:  private-student-loans, SLABs - posted on 12/7/17

SIC, SIC or just plain Oops in English v Trump .... and Cannons of Construction at the TRO Hearing. DEVELOPING STORY: CFPB, Leandra-English-v-Mulvaney-and-President-Trump-CFPB-Leadership-Fight – posted on 12/4/17

Sample Motion to Vacate Default Judgment granted in favor of National Collegiate Student Loan Trust based on faulty TSI Affidavit [Texas pro se template]. TOPICS: default-judgment, motion-for-new-trial, National-Collegiate-Student-Loan-Trusts, no-answer-default-judgment, post-judgment-motions, post-judgment-relief, sample-pleadings, Transworld-System-Inc – posted on 12/2/17

Securitization industry group files Amicus brief, joins chorus of objectors to proposed CFPB-NCSLT Deal in Delaware federal Court. TAGS: amicus-curiae, CFPB, federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, private-student-loans, SLABs, Transworld-System-Inc – posted on 11/30/17

Friend of the Court from Texas: Ken Paxton's bid to join the fight over CFPB leadership temporarily rebuffed. TAGS: amicus-curiae, CFPB, Leandra-English-v-Mulvaney-and-President-Trump-CFPB-Leadership-Fight – posted on 11/29/17

Leandra English Complaint Verbatim - Deputy Director of the CFPB aka "Rogue Agency" vs Donald "Lets-Gum-up-the-Works" Trump. TAGS: CFPB, Leandra-English-v-Mulvaney-and-President-Trump-CFPB-Leadership-Fight – posted on 11/27/17

Okay for debt collector to execute on debtor's FDCPA claim against it as a debtor asset, then dismiss it? - 9th Circuit says No (Arellano v Clark Cty. Collection Serv.). CASE LAW UPDATE: FDCPA, federal-laws-relevant-to-debt-collection, judgment-execution-garnishment, unfair-debt-collection – reposted 11/22/17

CFPB takes action against Citibank over faults in Student Loan Servicing (press release re-post). TAGS: CFPB, Citibank, federal-enforcement-actions, student-loan - reposted 11/21/17

Cousins v. Portfolio Recovery Associates: Debt Buyer nixes FDCPA violation claim with deemed admissions that contradict the debtor's essential allegations regarding the violation deemed-admissions, FDCPA, Portfolio-Recovery-Associates, TDCA – posted 11/17/17

The latest consumer advocate: Georgia Lawsuit Mill Operator Transworld Systems Inc. FILED UNDER: CFPB, federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, Transworld-System-Inc – posted on 11/16/17

Trust spat in Delaware Verbatim: CFPB's Opposition to Intervention of Interested Non-parties who want to block Consent Judgment between the Bureau and the National Collegiate Student Loan Trusts. TAGS: federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc – posted on 11/15/17

Midland's offers to settle time-barred debt ... Is it a deceptive debt collection practice under the FDCPA? TAGS: deception-in-debt-collection, dunning-letters, FDCPA, MIDLAND-FUNDING-LLC, statute-of-limitations – posted on 11/12/17

S.O.L.! Did two justices on the Houston Court of Appeals just do Wells Fargo a big favor by preempting the Texas Supreme Court in gutting the statute of limitations? KEY WORDS AND PHRASES: dissenting-opinion, statute-of-limitations, waiver, waiver-of-defenses, Wells-Fargo-Bank – posted on 11/9/17

Exclusion of evidence at trial for failure to identify witness in discovery. KEY WORDS: admission-exclusion-of-evidence, evidentiary-objections, HOA-suit – posted on 11/8/17

National Collegiates Trust Mess Update: NCSLT Private Student Loan Lawsuits filed in Harris County, Texas, since Sep. 18, 2017. TAGS: CFPB Enforcement Action against the Trusts and TSI, National-Collegiate-Student-Loan-Trusts, private-student-loans – posted on 11/6/17

Why should junk debt buyers such as Midland Funding benefit from NBA protection when they are not national banks and are not subject to regulation and supervision as national banks? TAGS: commentary-on-caselaw, debt-buyer-suit, federal-preemption, MIDLAND-FUNDING-LLC, National-Bank-Act, usury – posted on 11/5/17

LVNV Funding agrees to remittitur (reduction of damages awarded in judgment) by vacature of post-chargeoff interest and attorney fee award on appeal. TAGS: attorneys-fees, Chase-Bank-USA-NA, debt-buyer-suit, LVNV, post-chargeoff-interest, prejudgment-interest, remittitur – posted on 11/4/17

Student Loan Complaints State-by-State - CFPB Report CFPB, student-loan - Posted on 10/31/17

Mortgage Loan Delinquency Tracker: CFPB's new Mortgage Performance Trends Tool Announced CFPB, mortgage-servicing – Posted on 10/30/17

Quantum Non Meruit: To the Honorable Texas Supreme Court IN RE reasonable attorney fee of $48,000 per hour in Shamoun & Norman LLP v Hill, Albert G, Jr. amicus-curiae, attorneys-fees, Texas-Supreme-Court – Posted 10/10/17
No. 16-0107 IN THE SUPREME COURT OF TEXAS -----------------------------------------------
Albert G. Hill, Jr. v. Shamoun & Norman, LLP ---------------------------------------------------------
On Petition for Review From the Fifth Court of Appeals, Dallas, Texas (No. 05-13-01634-CV)

Supreme Docket: From fight over family fortune to fight with former attorney seeking windfall - Albert G. Hill vs. Shamoun & Norman, LLP (Tex. 2017). TAGS: attorneys-fees, reasonableness-of-fees, Texas-Supreme-Court – posted 10/8/17

Should the CFPB enforce the statute of limitations in student loan collection suits? TAGS: CFPB, federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, statute-of-limitations, Transworld-System-Inc – posted 10/6/17

CFPB: The Toxic Vegetable in the Beltway Alphabet Soup. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans - 10/5/17

CFPB Payday Loan Rule Issued (10/5/2017). TAGS: CFPB, federal-regulation, payday-loans-and-lenders – reposted 10/5/17

Collecting from the Collectors: Ken Paxton's Phony Defense of Texas Consumers.
TAGS: Texas Attorney-General-enforcement-actions, consumer-protection, debt-collection-suit, THECB-student-loans - Posted - 10/3/17

More Cash Biz Antics: Full briefing, incl. Amici Curiae, Oral Argument before the Texas Supreme Court, and now: Strategic Bankruptcy Stay. TAGS: consumer-arbitration, payday-loans-and-lenders, waiver-of-right-to-arbitrate – posted 9/29/17

Dismissals of National Collegiate Student Loan Collection Lawsuits under way in Texas (data for Harris County). TAGS: CFPB, federal-enforcement-actions, National-Collegiate-Student-Loan-Trusts, nonsuit, private-student-loans – posted 9/27/17

FDCPA class action certified by U.S. District Court in Illinois against student loan collector NCO Financial Systems (now operating under a different name), and collection law firm7th-Circuit. FAIR DEBT COLLECTION TAGS: fair-debt-collection, FDCPA, National-Collegiate-Student-Loan-Trusts, standing-to-sue-issue – posted 9/25/17

Featured Debt Collector: Nicole Hillman, Garnishor-in-Chief for National Collegiate Student Loan Trusts in Texas. TAGS: default-judgment, garnishment-actions, National-Collegiate-Student-Loan-Trusts, no-answer-default-judgment, private-student-loans, student-loan – posted 9/24/17

CFPB-induced National Collegiate Student Loan Litigation Moratorium: Expect confusion, inconsistent implementation, and need for follow-up. FILED UNDER: National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc – posted 9/22/17

State of Texas (AG Ken Paxton) v Samara Portfolio Management, LLC, Joseph Onwuteaka - One Amicus' Take on $25 million Penalty Price Tag for Venue Violations. TAGS: amicus-curiae, Attorney-General-enforcement-actions, DTPA, TDCA, unfair-debt-collection, venue-violations – posted 9/21/17

Lawyer v Equifax Inc. - Class action against Equifax over data breach filed in Houston 9/19/2017. TAGS: credit-reports, privacy-protection-sensitive-personal-information – posted 9/20/17

TransWorld Systems Inc.’s shady litigation-mill practices finally exposed for all the World to see. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc - Posted 9/19/17

Top Notch Funding not so top notch in the ethics department, CFPB shows in move to shut down scam aimed at victims awaiting compensation. TAGS: CFPB, federal-enforcement-actions -  posted 9/19/17

Bingo! - NCSLT in the Dock - Today's big news from the CFPB. TAGS: Consumer Financial Protection Bureau, enforcement, National-Collegiate-Student-Loan-Trusts - posted 9/18/17

This day in history when The First Marblehead Corporation Made the World Marvel: How to make $88.6 million on one day. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans – posted 9/17/17

Bank of America N.A.(BANA) finds way to cash in at the back-end of private student loan debt crisis - jointly raids bank account of student-borrower and splits the meager proceeds with NCSLT 2007-4. TAGS: Bank-of-America, garnishment-actions, National-Collegiate-Student-Loan-Trusts – posted 9/17/17

Judgment for National Collegiate Student Loan Trust (NCSLT) reversed by Texas Court of Appeals, Mandate Issued. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans, standing-to-sue-issue, Transworld-System-Inc – posted 9/16/17

Henry v Cash Biz L.P. Texas Supreme Court to hear payday lender case at UH Law Center Sep. 15, 2017. TAGS: criminal-aspects-of-debt, dissenting-opinion, malicious-prosecution, payday-loans-and-lenders, usury – posted 9/14/17

CFPB issues Supervisory Highlights Report - $14 million in relief to more than 104,000 harmed consumers from January through June 2017 – CFPB press release re-posted 9/12/17

Vine v PLS Financial Services Inc. (5th Cir. 2017) Payday lender's submission of worthless check affidavits to DA entailed waiver of right to force borrowers to arbitrate malicious prosecution claims. CASE LAW UPDATE: arbitration-clauses, class-action-waiver, criminal-aspects-of-debt, payday-loans-and-lenders, unfair-debt-collection, waiver-of-right-to-arbitrate – posted 9/11/17

Transworld Systems, Inc. (TSI) settles with Forrester Winne in fair debt collection action involving National Collegiate Student Loan Trusts (filed in USDC in Maine). STUDENT LOAN DEBT COLLECTION TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc – posted 9/10/17

CFPB takes enforcement action against Zero Parallel (re-posted). TAGS: CFPB, payday-loans-and-lenders, usury – press release re-posted 9/7/17

Texas AG Ken Paxton announces Aequitas student loan relief in wake of shut-down of Corinthian Colleges. TAGS: private-student-loans, Texas-Attorney-General-Enforcement-Actions – posted 8/26/17

CFPB weighs in on wisdom (or otherwise) of reverse mortgages to provide income while delaying claim for Social Security benefits. TAGS: Home-Equity-Conversion-Mortgage-HECM, home-equity-loan, reverse-mortgages – posted 8/25/17

CFPB Action against Aequitas Capital Management over Corinthian Colleges Predatory Student Loan Scheme. TAGS: CFPB, federal-enforcement-actions, predatory-lending-issue, private-student-loans – posted 8/25/17

CFPB: Surge in student debt load. TAGS: CFPB, student-loan – reposted 8/22/17

The National Collegiate Student Loan Trusts - A Bit of Background. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans, student-loan – Posted 8/22/17

Who will rein in the HOAs and their attorneys? - Dunning and foreclosure of assessment lien and FDCPA TOPICS: assessment-lien, COA-suit, condominium-associations, FDCPA, foreclosure, HOA-suit, time-barred-debt – Posted 8/5/17

CFPB Study shows frequent Overdrafters paying hundreds of dollars more in fees CFPB – posted 8/4/17

EUL v TSI: Some background on Transworld Systems, Inc, the litigation support sub-servicer for NCSLT student loan collection suits ... TAGS: debt-suit-by-assignee, FDCPA, federal-preemption, National-Collegiate-Student-Loan-Trusts, private-student-loans, Transworld-System-Inc, usury - posted 7/29/17

Homeowner loses foreclosure fight and bank is awarded attorney's fees, but they are added to the debt under the note, to be paid from the proceeds of the sale. TAGS: attorneys-fees, foreclosure, Texas-Home-Equity-Loan foreclosure - Posted 7/29/17

Untrustworthy National Collegiate Trusts or untrustworthy NYT Reporting? TAGS: debt-collection-suit, National-Collegiate-Student-Loan-Trusts, private-student-loans – Posted 7/23/17

Does a debt buyer qualify as a debt collector under the FDCPA? TAGS: FDCPA, federal-laws-relevant-to-debt-collection, unfair-debt-collection – Posted 7/20/17

Rule 11 Agreement under TRCP enforceable in federal court in removal case. TAGS: foreclosure, Rule-11-Agreement, settlement-agreement – Posted 7/19/17

Debt Collector Profile: John C. Adams - Assistant Attorney General in charge of Texas Attorney General Ken Paxton's Student Loan Collection Shop. TAGS: debt-collection-attorney-review, student-loan, THECB-student-loans – Posted 7/19/17

CFPB - The new Arbitration Rule (targeting class action waivers in form-contract fine print). TAGS: CFPB, class-action, class-action-waiver, consumer-arbitration – Posted 7/18/17

Texas counterpart to FDCPA is broader and includes foreclosure activity within debt collection subject to the TDCA. TAGS: fair-debt-collection, foreclosure, suing-creditors-debt-collectors, Texas-Debt-Collection-Act – Posted 7/17/17

Mortgagee or servicer may reverse acceleration and thereby reset limitations clock for subsequent foreclosure. TAGS: acceleration-of-loan-maturity, foreclosure, home-equity-loan, Texas-Home-Equity-Loan, waiver – posted 7/17/17

Fifth Circuit rules against homeowners, holding home loan modification agreement was not enforceable under the Texas statute of frauds. TAGS: Fifth-Circuit-Case, foreclosure, loan-modification-agreement, statute-of-frauds – posted 7/16/17

Richards v NCSLT 2006-3 Private student loan collection suits not removable to federal court - It could cost you. CASELAW UPDATE: diversity-jurisdiction, foreclosure, private-student-loans, removal-to-federal-court, student-loan – posted 7/14/17

Texas Student Loan Suits filed by the Texas Attorney General - Statutory Basis. TAGS: student-loan, THECB-student-loans. Posted 7/13/17

Gregory vs, Bank of America - Homeowners win appeal in suit against BANA over shoddy home equity loan foreclosure process. KEY WORDS AND PHRASES: acceleration-of-loan-maturity, counter-claim, declaratory-judgment, Declaratory-Judgments-Act-UDCA, foreclosure, home-equity-loan – posted 7/12/17

National Collegiate Student Loan Trust in Court: Texas appeals court finds proof of ownership in securitized private student loans insufficient to prove collection cases against students and cosigners debt-suit-by-assignee. TAGS: National-Collegiate-Student-Loan-Trusts, private-student-loans, student-loan – posted 7/11/17

CFPB sues online lenders for collecting on usurious loans. TAGS: CFPB, federal-enforcement-actions, online-lenders, usury – posted 5/9/17

CFPB catches student loan and mortgage servicers violating the law. TAGS: CFPB, student-loan – posted 5/9/17

CFPB imposes additional fine on Servicemember Auto Lender for violating consent order (press release re-post). TAGS: CFPB, federal-enforcement-actions – reposted 5/9/17

CFPB releases summary of consumer complaints, total tally now above 1 million. KEY WORDS: CFPB, consumer-protection – posted 2/8/17

CFPB sues debt relief attorneys (press release repost). KEY WORDS: CFPB, federal-enforcement-actions

CITI (Citibank) subsidiaries CitiFinancial Servicing and CitiMortgage, Inc. to pay 28.8 mil for giving runaround to borrowers trying to save their homes (CFPB release re-post). TAGS: CFPB, federal-enforcement-actions


Also see page on 
Trust Appeal Case NoDate FiledStyle (Appellant v. Appellee) with link to opinionName of Trust in Order of Creation
2003-101-17-00722-CV9/21/2017Sheila C. Kirk aka Sheila Moon v NCSLT 2003-1  (pending as of 1/1/2018)National Collegiate Student Loan Trust 2003-1
2005-205-16-00163-CV2/16/2016National Collegiate Student Loan Trust 2005-2 v Jessica A. Johnson National Collegiate Student Loan Trust 2005-2
2005-205-15-00069-CV1/16/2015Steven Basham v NCSLT 2005-2 National Collegiate Student Loan Trust 2005-2
2005-214-14-01007-CV12/22/2014Thomas Beets and Leslie Beets v NCSLT 2005-2National Collegiate Student Loan Trust 2005-2
2005-301-17-00345-CV5/12/2017Rebecca V. Savoy and Theresa Savoy v NCSLT 2005-3 (pending)National Collegiate Student Loan Trust 2005-3
2005-302-16-00124-CV4/15/2016Padraic Gillespie and Tracy Gillespie v NCSLT 2006-3 (op. Jun. 29, 2017)National Collegiate Student Loan Trust 2005-3
2005-305-16-00162-CV2/16/2016National Collegiate Student Loan Trust 2005-3 v Jessica A. JohnsonNational Collegiate Student Loan Trust 2005-3
2006-202-16-00059-CV2/19/2016National Collegiate Student Loan Trust 2006-2 v Pablo Ramirez (3/9/17)National Collegiate Student Loan Trust 2006-2
2006-207-14-00252-CV7/7/2014Teresa Cox and Terry De Los Santos v NCSTL 2006-02National Collegiate Student Loan Trust 2006-2
2006-207-14-00253-CV7/7/2014Teresa Cox and Terry De Los Santos v NCSTL 2006-02National Collegiate Student Loan Trust 2006-2
2006-309-16-00134-CV4/25/2016Cynthia Martin v NCSLT 2006-3 National Collegiate Student Loan Trust 2006-3
2006-301-16-00107-CV2/11/2016National Collegiate Student Loan Trust 2006-3 v Angela Annis-AceboNational Collegiate Student Loan Trust 2006-3
2006-401-16-00109-CV2/11/2016National Collegiate Student Loan Trust 2006-4 v Angela Annis-AceboNational Collegiate Student Loan Trust 2006-4
2007-101-16-00110-CV2/11/2016National Collegiate Student Loan Trust 2007-1 v Angela Annis-AceboNational Collegiate Student Loan Trust 2007-1
2007-401-17-00253-CV4/11/2017Ladanta D. Foster v NCSLT 2007-4 (first opinion issued 3/1/2018)National Collegiate Student Loan Trust 2007-4
2007-401-17-00216-CV3/28/2017Casondra K. Mock and Kary L. Mock v NCSLT 2007-4 (pending) National Collegiate Student Loan Trust 2007-4

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