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Eleventh Circuit Affirms Summary Judgment for Law Firm on FDCPA Claim

July 1, 2013

John Bunyan and Shannon Sprinkle prevailed in the Eleventh Circuit when the court affirmed summary judgment for their client, a large regional law firm. John and Shannon successfully defeated the plaintiff’s allegations that the law firm had violated the Fair Debt Collection Practices Act by improperly initiating foreclosure proceedings on behalf of a bank before an assignment of her security deed had been executed and recorded. Carlock Copeland established that the plaintiff’s loan and security deed had been transferred to the foreclosing bank well before foreclosure proceedings were initiated. The Eleventh Circuit held that summary judgment was proper because the plaintiff had failed to present sufficient evidence to challenge that the bank was the proper foreclosing party.

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