Question
The customer of the bank is on active military duty and stationed abroad in Europe. The bank has instituted foreclosure proceedings and the attorney for
The customer of the bank is on active military duty and stationed abroad in Europe. The bank has instituted foreclosure proceedings and the attorney for the borrower is threatening significant damages if the bank continues with the foreclosure action. Further, you have been advised that the collections department continues to contact the borrower multiple times a day, including on weekends and late at night. What are the major and most important potential violations of the Servicemembers Civil Relief Act and the Fair Debt Collection Practices Act? What questions may be asked by an examiner of the bank regarding this specific loan? What are the potential civil violations that the bank may be subject to in connection with the loan? What are some policy changes that the bank should undertake to correct the violations?
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