Consumer Foreclosure: Lawyers May Need to Tread Lightly

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Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916)

A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a defaulted mortgage loan, including wrongful foreclosure, breach of contract, deceit and misrepresentation, and violation of a bankruptcy discharge injunction and the Fair Debt Collection Practices Act (FDCPA). The debtor also objected to the mortgagee’s proof of claim.

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