The United States District Court for the Northern District of Illinois recently held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) by telling the debtor that her total balance due included the debt collector’s court costs. See Oberg v. Blatt, 2015 WL 9478213 (N.D. Ill. Dec
The United States District Court for the Eastern District of New York recently held that a debt collector’s letter that implied that the debtor was intentionally not paying a debt constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”). See Beider v. Retrieval Masters Creditors Bureau, Inc., 201
The United States District Court for the Eastern District of Missouri recently held that a title insurance company was entitled to summary judgment on an insured’s coverage action because the insured created the alleged title defect. See Howard v. Fid. Nat. Title Ins. Co., 2015 WL 5021768, at *9 (E.D. Mo. Aug
The United States District Court for the Northern District of Oklahoma recently held that a bank’s extended overdraft fee was not illegal interest under the National Bank Act. See Shaw v. BOKF, Nat. Ass’n, 2015 WL 6142903 (N.D. Okla. Oct. 19, 2015). In the case, the plaintiff overdrew her bank
The United States Court of Appeals for the Second Circuit recently held that a cause of action under the Fair Debt Collection Practices Act (“FDCPA”) accrued for statute of limitations purposes when the bank improperly froze the plaintiff’s bank account, not when the debt collector’s attorney mailed the restraining notice
The United States District Court for the Northern District of Illinois recently held that the filing of a debt collector’s lawsuit in an improper venue may have constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”), even if the debtor was never served. See Desfassiaux v. Blatt, Hasenmiller
The United States District Court for the Middle District of Florida recently held that a mortgage insurance company that subrogated to a lender’s position after paying the insured lender’s claim is not a “debt collector” subject to the provisions of the Fair Debt Collection Practices Act (“FDCPA”). See Arencibia v
The Michigan Court of Appeals recently reversed a lower court and held that a title agency was not liable for negligence when it allegedly improperly disbursed loan proceeds to a construction company. See Elsebaei v. Philip R. Seaver Title Co., 2015 WL 7079068 (Mich. Ct. App. Nov. 12, 2015). In
Since the landscape continues to change for professionals involved in financial services, particularly in the financial regulatory arena, Riker Danzig is hosting a complimentary seminar on December 1st for bankers, and title insurance and real estate professionals, as well as in-house attorneys. The seminar will explain the effects of the
The New Jersey Appellate Division recently affirmed a trial court’s grant of summary judgment to a title insurer, holding that the title insurer had no duty to defend a lawsuit initiated against the insured that was based on an alleged agreement with the insured regarding title to the subject property.
