Nevada Federal Court Holds FHFA Must Consent to HOA ‘Super-Priority Lien’...
The U.S. District Court for the District of Nevada recently held that the federal Housing Economic Recovery Act of 2008 (HERA) requires super-priority lien holders to obtain consent from the Federal...
View ArticleMD Court of Special Appeals Holds FDCPA Claims Barred by Collateral Estoppel,...
The Maryland Court of Special Appeals recently held that a borrower could not maintain a lawsuit asserting federal Fair Debt Collection Practices Act and other related state-law claims because those...
View ArticleFourth Circuit Holds Written Notice Not Required for Violation of Automatic Stay
The U.S. Court of Appeals for the Fourth Circuit recently reversed the dismissal of a Chapter 13 bankruptcy debtor’s complaint filed in federal district court alleging that defendants foreclosed on and...
View ArticleFlorida Court Reverses Order Allowing Adjudication of Past Due HOA...
The Florida Fifth District Court of Appeal recently quashed a trial court’s order that a mortgagee’s liability for past due HOA assessments was limited to the lesser of the 12 months of assessments...
View ArticleNinth Circuit Holds CAFA Jurisdictional Amount Cannot Be Met By Aggregating...
The U.S. Court of Appeals for the Ninth Circuit recently held that, in determining whether a putative class action satisfied the jurisdictional requirements of the federal Class Action Fairness Act,...
View ArticleThird Circuit Holds Debt Collector Bears Burden of Proving FDCPA Exception to...
The U.S. Court of Appeals for the Third Circuit recently held, in a matter of first impression among all of the Courts of Appeals, that a debt collector bears the burden of proving that a communication...
View ArticleSecond Circuit Denies Re-Hearing in Case Holding Debt Collector Could Not...
The U.S. Court of Appeals for the Second Circuit recently denied the defendant debt buyer’s petition for panel rehearing, or, in the alternative, for rehearing en banc, as to its ruling (discussed...
View Article4th Circ. Holds No Claim Under Md. CLEC Absent Payment of More Than Principal...
The U.S. Circuit Court of Appeals for the Fourth Circuit recently held that, in order for a borrower to recover under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC), the borrower must...
View ArticleDC Circuit Holds Bank Has Standing to Challenge CFPB Constitutionality But...
The U.S. Court of Appeals for the District of Columbia Circuit recently held that a bank has standing to challenge the constitutionality of the federal Consumer Financial Protection Bureau and the...
View ArticleSecond Circuit Rejects Lender-Placed Insurance Overcharge Claims
The U.S. Court of Appeals for the Second Circuit recently rejected claims by borrowers who failed to maintain hazard insurance on their mortgaged properties that they were overcharged by their loan...
View Article3rd Circ. Affirms Class Certification in Mortgage Lending Action
The U.S. Court of Appeals for the Third Circuit recently affirmed certification of a nationwide class of mortgage loan borrowers that could include tens, if not hundreds, of thousands of class members....
View ArticleND Calif. Rejects TCPA Claim, Holds ‘Human Intervention’ Precluded ATDS
The U.S. District Court for the Northern District of California recently held that a web-based platform used to send text messages was not an automatic telephone dialing system (ATDS) under the federal...
View Article3rd Cir. Holds Defendants Had ‘Fair Notice’ of FTC’s Position on...
The U.S. Court of Appeals for the Third Circuit recently held that the Federal Trade Commission (FTC) has the legal authority under section 45(a) of the Federal Trade Commission Act (FTC Act) to...
View Article5th Cir. Holds Unaccepted Offer of Judgment Does Not Moot Individual or...
The U.S. Court of Appeals for the Fifth Circuit recently held that an unaccepted offer of judgment does not moot a lead plaintiff’s claim in a putative class action. In so ruling, the Fifth Circuit...
View Article9th Cir. Reverses Dismissal of ‘Unlicensed Foreclosure Trustee’ Putative...
The U.S. Court of Appeals for the Ninth Circuit recently reversed the dismissal of a class action that was removed to federal court under the federal Class Action Fairness Act (CAFA). In so ruling,...
View ArticleIllinois Appellate Court Holds Borrower Waived Challenge to Trial Court’s...
The Illinois Appellate Court, First District, recently affirmed dismissal of the last of several post-judgment challenges to a default foreclosure judgment, holding that the borrower failed to present...
View ArticleMd. Court of Appeals Rejects Putative Class Action for Loan Application Fraud
The Maryland Court of Appeals recently affirmed a trial court’s grant of summary judgment in a putative class action “application fraud” case in favor of a mortgage company, bank, loan officers,...
View Article9th Cir. Confirms TILA Section 1641(g) Does Not Apply Retroactively
The U.S. Court of Appeals for the Ninth Circuit recently held that a 2009 amendment to the federal Truth in Lending Act (TILA), codified at 15 U.S.C. § 1641(g), which contains disclosure requirements...
View ArticleIllinois Court Holds BK Automatic Stay Does Not Revoke TCPA Consent, Strikes...
The U.S. District Court for the Northern District of Illinois recently held that the automatic stay in bankruptcy does not, by itself, operate to revoke prior express consent under the federal...
View ArticleSCOTUS Holds Unaccepted Offer of Judgment Does Not Moot Class Actions
The Supreme Court of the United States recently held that a class action defendant cannot “pick off” the named plaintiff and thereby render the case moot by simply offering full relief by way of...
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