Ginny Willcox Leavens

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Ginny Willcox Leavens focuses on financial services, real estate, and financial regulatory litigation and counseling for banks, mortgage servicers, creditors, and real estate companies.

Latest Articles

In Obduskey v. McCarthy & Holthus LLP, No. 17-1307 (Sup. Ct. Mar. 20, 2019), the Supreme Court ruled unanimously that non-judicial foreclosure actions required by state law are not generally considered debt collection, and therefore are not subject to regulation under the FDCPA. The majority opinion, written by Justice Breyer, held that the firm’s foreclosure activities to enforce a valid mortgage security interest neither fell within the purview of section 1692f(6), which provides a limited…
In Hill v. Accounts Receivables Servs., LLC, the Eighth Circuit recently considered whether the materiality of a misleading statement should factor into finding  liability under Section 1692e of the Fair Debt Collection Practices Act (FDCPA). In Hill, a debtor brought suit against creditor Accounts Receivables Services, LLC (ARS), challenging ARS’s assignment of the disputed debt. The district court granted ARS’s motion for judgment on the pleadings and the debtor appealed, arguing that the trial court…
The Eleventh Circuit recently clarified that sending periodic mortgage statements following a debtor’s bankruptcy discharge is not misleading to the “least sophisticated consumer.” In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) Gayle Helman filed suit, alleging that Bank of America violated the Fair Debt Collections Practices Act (FDCPA), Florida Consumer Collection Practices Act (FCCPA), and other state laws when it sent Ms. Helman periodic mortgage statements after her…