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.
A Florida appellate court recently granted a motion for rehearing and reversed its prior decision, now holding that municipal liens placed on a property after a final judgment of foreclosure but before the judicial sale were discharged by the sale.
The Third Department of New York’s Appellate Division recently held that the lower court erred: (1) in granting summary judgment in plaintiff’s favor, because factual questions existed whether defendant timber company adversely possessed the disputed parcel for the requisite period, and (2) in declining to dismiss plaintiff’s claim for punitive damages, which is distinct from his claim for treble damages pursuant to the RPAPL.
The United States District Court for the District of New Jersey recently granted a motion for summary judgment to a mortgage lender and servicer, among others, on the plaintiffs’ claims that arose from their allegation that the lender unilaterally had increased their interest rate at the closing.
The United States District Court for the Eastern District of Pennsylvania recently held that a claim that a lender’s captive reinsurance arrangement violated the anti-kickback provisions of the Real Estate Settlement Procedures Act (“RESPA”) was not time-barred because the alleged kickbacks were a continuing violation.
The United States District Court for the District of Kansas recently granted a debtor summary judgment on its claims that a letter that sought to collect a time-barred debt violated the Fair Debt Collection Practices Act (“FDCPA”), holding that the letter should have stated that any payment would revive the statute of limitations.
The United States Court of Appeals for the Second Circuit recently issued a summary order affirming a lower court’s decision to dismiss a bank customer’s complaint as untimely because the bank’s terms and conditions governing the account imposed a one-year limitations period on any claims.
The United States District Court for the District of New Jersey recently granted a debt collector’s motion for summary judgment on a debtor’s claim that a debt collection notice violated the Fair Debt Collection Practices Act (“FDCPA”) because the debtor believed the letter to be a scam when he received it and therefore lacked the standing to bring the claim.