New York’s Fourth Department Holds Title Insurer Not Liable for Attorneys’ Fees in Action Brought by Insured Against Neighbor

New York’s Appellate Division, Fourth Department, recently dismissed an action brought by an insured property owner against its title insurer, finding that the title insurer was not obligated to bring an action against the insured’s neighbor over a disputed portion of property, and therefore that the insurer was not obligated to pay the insured’s attorneys’ fees when the insured brought the action against the neighbor. 

New York Federal Court Dismisses Action Against Servicer Regarding Force-Placed Insurance as Moot, Denies Motion to Amend to Add FDCPA, RESPA, and TILA Claims

The United States District Court for the Eastern District of New York dismissed an action against a loan servicer and denied plaintiff’s motion to amend to add FDCPA, RESPA, and TILA claims, holding that plaintiff’s initial allegations were mooted by defendant’s refund of the allegedly improper charges, and that plaintiff did not sufficiently set forth the elements of these other causes of action.  See Izmirligil v. Select Portfolio Servicing, Inc., 2020 WL 1941192 (E.D.N.Y. Apr. 22, 2020).

New Jersey Appellate Division Holds Entire Controversy Doctrine Does Not Bar Foreclosure Complaint Filed After Federal Action on Insurance Proceeds

In a decision approved for publication, New Jersey’s Appellate Division recently held that New Jersey’s entire controversy doctrine did not prohibit a lender from bringing a foreclosure complaint after the homeowners’ federal lawsuit against its insurance companies and the lender was dismissed.  See Carrington Mortg. Servs., LLC v. Moore, 2020 WL 3067503 (N.J. Super. Ct. App. Div. June 10, 2020).

New Jersey Federal Court Holds Individual’s FDCPA Claim Was Tolled While Similar Class Action Was Pending

The United States District Court for the District of New Jersey recently held that an individual’s FDCPA claim was not untimely because the three-year litigation of a class action raising similar claims tolled the limitations period for the individual.  See Williams-Hopkins v. Allied Interstate, LLC, 2020 WL 2731101 (D.N.J. May 26, 2020).  The defendant debt collector sent a collection letter to plaintiff in 2015.

Texas Federal Court Holds Individual Could Not Bring RESPA Claim for Loan Issued to Her LLC

The United States District Court for the Western District of Texas recently dismissed an individual plaintiff’s RESPA claims because the borrower under the loan was actually her LLC.  See Cocchia v. LendingHome Funding Corp., 2020 WL 1879223 (W.D. Tex. Apr. 15, 2020).  Plaintiff purchased the subject property “with an LLC, . . . for the initial purpose of using the property as a rental.”