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.
The United States Court of Appeals for the Second Circuit recently held that a debt collector’s letter to debtors that stated a current balance but that did not disclose that the amount could increase over time due to interest or fees violated the Fair Debt Collection Practices Act (“FDCPA”).
The Arizona Court of Appeals recently held that an individual who was the trustor of an insured trust and the managing member of an insured limited liability company had no standing to sue a title insurer under the title policies.
The Massachusetts Supreme Judicial Court recently held that a condominium association may obtained multiple liens on condominium units for unpaid common expenses, all of which may have priority over prior-recorded mortgages.
The United States District Court for the District of Columbia recently held that the Consumer Financial Protection Bureau (“CFPB”) lacked the authority to investigate an entity’s process for accrediting for-profit schools.
The United States District Court for the Eastern District of New York recently held that a debtor whose property was sold at a foreclosure sale lost his right of redemption despite satisfying the judgment before the property could be conveyed.