The United States District Court for the District of Maryland recently granted defendants’ motion to dismiss plaintiff’s complaint with prejudice, holding that a previously filed foreclosure action precluded the present action on res judicata grounds.
The Supreme Court of New York, Westchester County, recently granted defendant’s motion to vacate a confession of judgment entered against it, voiding the underlying written merchant agreement, and cancelling and enjoining prosecution of the agreement on the ground that the transaction was usurious.
The Supreme Court of New York, New York County, recently granted defendant bank’s motion to dismiss a claim that it wrongfully withdrew plaintiff’s funds from his account after another defendant falsely claimed his checks were forged. See Galitsa v. Berkley, 2016 N.Y Slip Opp. 32468(U) (N.Y. Sup. Ct. 2016).
The United States District Court for the Eastern District of New York recently denied a defendant debt collector’s motion to dismiss plaintiff’s putative class action alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), finding that plaintiff sufficiently alleged a substantive violation of the FDCPA that demonstrates a concrete and particularized injury-in-fact, or, alternatively, a procedural violation of the FDCPA that poses a risk of real harm to plaintiff’s statutory interests.
The Court of Appeal of California, Third Appellate District, recently affirmed the lower court’s ruling that plaintiff borrower lacked standing to challenge the alleged irregularities in the securitization of her loan, thereby dismissing her complaint alleging wrongful foreclosure, declaratory relief and quiet title.