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The defendant argues that, in order for the applicant to argue that there is sufficient authority to assert an infringement, he must first be inadmissible to collect late fees from the applicant`s account after the loan balance has been accelerated. The respondent correctly points out, however, that there are certain circumstances in which late royalties may be collected. Section 1692f of the FDCPA states: “A debt collection company must not use unfair or unscrupulous means to recover or recover debts… The following conduct constitutes an offence in this section: 1. The collection of any amount (including interest, commissions, commissions or expenses related to the principal obligation), unless that amount is expressly authorized or authorized by law by the debt production contract.” (Added highlight) In Carreras, which the applicant relied on in its amended complaint, the Tribunal also stated that, in the absence of a contrary provision, the imposition of late fees after the acceleration of a mortgage security is prohibited.” 33 A.D.3d to 955 (addition). The same principle was set out in Green Point, which was also included in the applicant`s amended complaint. 236 AD to 443. Therefore, the Court of Justice must turn to the language of the mortgage and decide whether it allows late fees for an accelerated loan. In the relevant section, the plaintiff`s mortgage states: the complainant is a person who lives in a single-family home she lives in Mineola, New York. FCC at 9. It is suing FCI, a California-based company that “is active in residential mortgage service” for its owners. FCC at 10-11. According to the complainant, FCI “maintains itself as a `Special Servicer` or `special credit service provider`, the applicant describes it as `expertise in processing failed loans for their owners and effectively integrating` these credits `on its service platform`.

college at 14;; Dkt. Nr. 27-1, Ex.A. Many of the credits in the CFI`s service portfolio “are late when the CFI takes care of it for the first time.” FCC at 12. In the past, the CFI has stated its activities on its site as “to quickly transform Delinquent Loans and Loan Pools in cash by facilitating the restructuring of loans, or by forlocke so the Lender can sell the properties.” FCC at 17. It now describes its activities a little differently, among other things: “On the instruction of its lenders… Delinquent Loans by facilitating the restructuring of loans by lender of instructions” and “coordinating the closing of the loan by lenders when training sessions are not possible” so that the lender can sell the property. FCC at 18. In addition, the applicant wishes to have Rule 23 (b) (3) class, which consists of “a) all persons (b) with a loan that dates back more than 90 days when the CFI began the maintenance, in accordance with the CFI statements, c) with a corresponding address identical to the accelerated property address, d) when FCI forwarded to the person a document relating to late charges (f) that have been incurred since the acceleration (g) when the document November 9, 2016 to November 29, 2017. FCC at 41.

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