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.
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.
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’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.
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’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.
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.
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.
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”).
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.