Michigan Appeals Court Favorably Cites Our Barrows Case And Holds Lawyers Responsible For Violations Of Foreclosure Law

The Michigan Court of Appeals has recently used Barrows v. Chase Manhattan, et. als., 465 F.Supp.2d 347 (D.N.J. 2006) to support the proposition that attorneys maybe sued for mortgage foreclosure law violations under the federal Fair Debt Collection Practices Act.  This firm litigated, and won, the Barrows case.  The precedent has gained wide acceptance, first triggering many suits in New Jersey and now the effects are being felt elsewhere.  Consumers can only benefit.  A foreclosure proceeding finds consumers at their most vulnerable – after all they are trying to protect their home.  Overly aggressive attorneys, eager to get their bank client the best possible return of monies so as to encourage the bank to send them even more cases use this vulnerability to make consumer pay monies they are not legally obligated to pay.  Our New Jersey courts have tried to put the brakes on the practice, and, after Barrows, now allow suits for foreclosure-related violations.   Now, so does Michigan with Jackson v. Flagstar Bank, et. als.

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