A New Jersey Chancery Division court recently granted a defendant-lender summary judgment on the doctrine of equitable subrogation despite the defendant’s representative authorizing another lender to reopen a line of credit that was secured by a prior-recorded mortgage on the property.
The New Jersey Appellate Division recently held that a bank did not violate New Jersey’s Law Against Discrimination (“LAD”) by offering “senior checking accounts” to individuals age sixty years or older with more favorable terms than those available to individuals under the age of sixty.
The Supreme Court of New York, Suffolk County, recently held that a mortgagor who did not properly file a notice of appeal of a loan servicer’s rejection of a loss mitigation plan due to a typo in the email address was foreclosed from staying the foreclosure sale pursuant to the Real Estate Settlement Procedures Act (“RESPA”).
The United States District Court for the Northern District of California recently denied a loan servicer and a loan investor’s motion to dismiss a complaint alleging that their refusal to modify a loan violated the Equal Credit Opportunity Act (“ECOA”).
The United States Court of Appeals for the Seventh Circuit recently held that the assignee of a debt, as well as the debt collector it enlisted, was liable for violating the Fair Debt Collection Practices Act (“FDCPA”) when the debt collector’s correspondence to the debtors did not clearly name the current creditor.
The New Jersey Appellate Division recently held that a mortgagor could not challenge the assignment of a note and mortgage even when the assignment allegedly occurred in violation of a pooling and servicing agreement.
The United States Court of Appeals for the Fourth Circuit recently held that a company that purchased defaulted automobile loans was not a debt collector under the Fair Debt Collection Practices Act (“FDCPA”).
The United States District Court for the Southern District of West Virginia recently dismissed a portion of debtors’ pleadings that alleged that a lender violated the Truth in Lending Act (“TILA”) by failing to rescind a security interest within twenty days of the debtors’ notice of rescission.
The United States Court of Appeals for the Eleventh Circuit recently held that a debt collector’s letter to a debtor’s attorney in which the debt collector omitted the term “in writing” violated the Fair Debt Collection Practices Act (“FDCPA”).
The United States District Court for the Northern District of California recently dismissed a complaint alleging that a lender acted negligently in modifying a loan without accounting for a borrower’s impending retirement.