The New Jersey Appellate Division recently affirmed a lower court’s decision that held that a 1949 covenant restricted the use of property to a single family residence and prohibited the construction of a religious center.
In a precedential decision, the United States Court of Appeals for the Third Circuit recently affirmed a decision that title insurers did not waive their ability to compel individual arbitration when attempting to do so earlier would have been futile under then-existing law.
The United States District Court for the Southern District of New York recently held that debt collectors who submit an affidavit falsely stating that a debt is due and owing may be liable under the Fair Debt Collection Practices Act (“FDCPA”), and the statute of limitations for such a claim may be tolled.
The Supreme Court of New York, Westchester County, recently held that the notice provisions of New York Real Property Actions and Proceedings Law § 1304 (“RPAPL § 1304”) do not apply when the borrower is deceased, and a mortgagee foreclosing on a residential property therefore does not need to notify the estate.
The United States Court of Appeals for the Seventh Circuit recently held that a misleading validation notice in a debt collection complaint violated the fair Debt Collection Practices Act (“FDCPA”) because it would mislead an unsophisticated consumer as to his or her method and deadline to dispute the claim.
The United States Court of Appeals for the Eleventh Circuit recently held that a loan servicer may have violated the Real Estate Settlement Procedures Act (“RESPA”) for responding to a borrower’s qualified written request regarding an alleged error in her account only by informing the borrower that there had been no error and without providing any further information.
A Florida appellate court recently affirmed a lower court’s decision that municipal liens placed on a property after a final judgment of foreclosure but before the judicial sale were not discharged.
The New Jersey Appellate Division recently held that the six-year breach of contract statute of limitations does not apply to actions to collect debts arising from the use of a retail store’s credit card when the use of the card is restricted to that store and, instead, the Uniform Commercial Code’s four-year sale of goods statute of limitations applies.
The United States Court of Appeals for the Eighth Circuit recently held that a debt collector did not violate the Fair Debt Collection Practices Act (“FDCPA”) by filing a time-barred proof of claim in a bankruptcy proceeding.
The United States Court of Appeals for the Ninth Circuit recently reversed a district court’s decision and found a Nevada statute requiring lenders to “opt in” to receive notice if a homeowners’ association is going to foreclose and extinguish the lender’s lien is unconstitutional.