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New York Federal Court Holds That Offer of Judgment to FDCPA Plaintiff...
The United States District Court for the Southern District of New York recently held that a debt collector’s offer of judgment pursuant to Federal Rule of Civil Procedure 68 rendered the plaintiff’s...
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New York Federal Court Rejects Borrower’s TILA Claims
The United States District Court for the Eastern District of New York recently dismissed a borrower’s complaint that alleged, among other claims, violations of the Truth in Lending Act (“TILA”). See...
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Wisconsin Federal Court Holds That Debt Collector’s Threat of Foreclosure May...
The United States District Court for the Western District of Wisconsin recently held that a debt collector’s first letter to a consumer in which it noted the amount due but did not make any threats did...
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Florida Appellate Court Rejects Argument That Mortgagee Had to Send Second...
A Florida appellate court recently held that a lender could institute a second foreclosure action against a borrower without sending a second default notice, so long as the first action was dismissed...
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Supreme Court Holds That Unaccepted Settlement Offer Does Not Moot Class Action
The United States Supreme Court recently held that an unaccepted offer of judgment pursuant to Federal Rule of Civil Procedure 68 did not render a class action claim moot, but the Court did not rule on...
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New York Court Holds That Deceased Borrower’s Executrix Was Not Entitled to...
A New York court recently denied a motion to vacate the default entered against the borrower’s executrix, holding that the requirement that the mortgagee negotiate in good faith at a foreclosure...
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Indiana Appellate Court Grants Title Insurer Summary Judgment Based on...
The Indiana Court of Appeals recently granted a title insurer summary judgment on the insureds’ breach of contract and bad faith claims because the insureds had failed to give prompt notice of their...
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New Jersey Federal Court Holds That Lender May Have Violated HPA By Using...
The United State District Court for the District of New Jersey recently denied a lender’s motion to dismiss a claim under the Homeowners Protection Act (“HPA”) because the lender reappraised the value...
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Florida Federal Court Holds That Mortgage Assignee Has Standing to Enforce...
The United States District Court for the Southern District of Florida recently held that the assignee of a mortgage may enforce the mortgage’s jury waiver clause, but that the servicer may not. See...
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Washington Appellate Court Equitably Subrogates Lender to Priority Position
The Washington Court of Appeals recently granted a refinancing lender a priority lien over a mortgage secured by a revolving line of credit under the equitable subrogation doctrine. See America’s...
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