Jeffrey P. Naimon quoted in National Mortgage News article, “Mortgage statements may be subject to collection rules: 11th Circuit”
National Mortgage NewsJeffrey P. Naimon
The National Mortgage News article, “Mortgage statements may be subject to collection rules: 11th Circuit,” discussed how a recent 11th Circuit Court of Appeals decision about the wording of monthly statements should serve as a warning to mortgage companies. In Daniels v. Select Portfolio Servicing, a panel of judges, in a 2-1 decision, ruled a billing statement could be considered communications related to the collection of a debt under state and federal rules.
Naimon noted, “Other courts have accepted that the statement is not a debt collection communication, but this court has taken the position that the addition of what we call ‘mini Miranda’ makes it into one.”
Naimon did raise the possibility of the Eleventh Circuit revieing the case: “The two-to-one aspect of the panel’s decision makes it more likely we’ll see a motion for reconsideration en banc. The full circuit occasionally takes a second look at a handful of cases, and they are more likely to do so if a panel was split.”
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