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Riker Danzig Banking, Title Insurance, and Real Estate Litigation Blog

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New Jersey Federal Court Dismisses FDCPA Claims Arising Out of Non-Consensual Debt

Apr 19, 2016 | Leave a comment

The United States District Court for the District of New Jersey recently held that a tax sale foreclosure complaint filed against the wrong defendant did not violate the Fair Debt Collection Practices Act (“FDCPA”) because the plaintiff failed to allege that the foreclosure sought a “debt” under the FDCPA. 

South Carolina Supreme Court Holds That County Recorders May Not Sue MERS Under Recording Statute

Apr 14, 2016 | Leave a comment

The South Carolina Supreme Court recently held that county administrators and registers of deed may not pursue an action against Mortgage Electronic Registration System (“MERS”) under the state’s recording statute.

New York Supreme Court Holds That Underwater Lands Owned by New York State, Not Municipality

Apr 12, 2016 | Leave a comment

The Supreme Court of New York, Suffolk County, recently held that a municipality could not fine a shell fisherman for harvesting shellfish from underwater lands because the lands were owned by the State.  

New Jersey Appellate Division Holds That Statute of Limitations for Alleged Fraudulent Transfer of Real Property Begins Running at Recordation of Deed

Apr 05, 2016 | Leave a comment

New Jersey’s Appellate Division recently held that a creditor’s complaint, in which it sought to nullify a debtor’s transfer of property, was made within the statute of limitations for a fraudulent transfer, because the four-year limitations period did not begin running until the deed at issue was recorded.

Equally Divided Supreme Court Affirms Denial of Guarantor Spouses’ ECOA Claim

Apr 01, 2016 | Leave a comment

The United States Supreme Court recently affirmed an opinion from the United States Court of Appeals for the Eighth Circuit affirming the dismissal of the claim by two spouses that a lender’s requirement that they sign guarantees violated the Equal Credit Opportunity Act (“ECOA”), but the Court’s 4-4 decision has limited applicability.

New Jersey Appellate Division Holds That Creditor Must Seize Certificated Security from Debtor

Mar 29, 2016 | Leave a comment

New Jersey’s Appellate Division recently held that a creditor could only reach a debtor’s interest in certificated stock certificates through the actual seizure of the shares, unless the debtor had already surrendered the shares to the issuer or the creditor.  

New York Federal Court Holds Restraining Notice Served on New York Financial Advisory Branch Was Sufficient to Restrain Out-of-State Property

Mar 22, 2016 | Leave a comment

The United States District Court for the Northern District of New York recently held that a restraining notice served on a Wells Fargo Advisors branch in Albany was sufficient to restrain the out-of-state assets of a non-party.  

New Hampshire Federal Court Finds Lender Should Be Equitably Subrogated Despite Actual Knowledge of Other Lien

Mar 17, 2016 | Leave a comment

The United States District Court for the District of New Hampshire recently granted a lender summary judgment and held that its mortgage was entitled to priority over a prior-recorded mortgage securing a home equity line of credit (“HELOC”) when the HELOC was not fully paid off despite the lender’s actual knowledge of the lien.

Rhode Island Federal Court Holds That Bank Was Liable When It Sent Letter Under Another Name

Mar 15, 2016 | Leave a comment

The United States District Court for the District of Rhode Island recently held that a bank’s use of a third party’s name in a letter to a consumer was a violation of the Fair Debt Collection Practices Act (“FDCPA”).  

Iowa Supreme Court Holds Overdraft Fees Are Not Extensions of Credit Subject to Usury Laws

Mar 10, 2016 | Leave a comment

The Iowa Supreme Court recently held that a bank’s overdraft fees did not violate a state usury statute because the fees were not extensions of credit.  

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  • New Jersey Appellate Court Holds County Recorders Are Not Authorized to Charge a Convenience Fee for Electronic Recording
  • Virginia Federal Court Denies Title Agent’s Motion to Dismiss Title Insurer’s Action
  • Sixth Circuit Holds Law Firm Liable Under the FDCPA for Not Cancelling Foreclosure Ads in Newspaper or Cancelling Foreclosure Sale Upon Receiving Letter Disputing Debt

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