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CFPB/FTC amicus brief against illegal mortgage collection fees

The CFPB has posted a blog article, "Unlawful fees in the mortgage market," announcing that the Bureau has joined the Federal Trade Commission in filing an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit (Atlanta, Georgia) in the case of Glover and Booze v. Ocwen Loan Servicing, LLC.

The case involves Ocwen's practice of charging a fee for making a payment online or by telephone, where the fee had not been agreed to in the agreement creating the debt, and a law had not affirmatively authorized the fee. Glover and Booze sued Ocwen after learning that such fees are illegal, and won their cases in a lower court. Ocwen has appealed the lower court's verdict to the Court of Appeals.

The FTC and the CFPB filed the amicus brief to urge the Court of Appeals to find in favor of Glover and Booze.

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