Riker Danzig attorneys Michael O’Donnell, partner, and Michael Crowley, associate, co-authored an article in the New Jersey Law Journal's October 5th publication entitled “Establishing the Priority, Validity and Enforceability of Mortgage Liens.” The article discusses how New Jersey’s equitable doctrines, including equitable subrogation and ratification, may offer solace when lenders
The United States Court of Appeals for the Third Circuit recently held that a debt collector has the burden of proving that its contact with third parties regarding the debtor fell into a statutory exception under the Fair Debt Collection Practices Act (“FDCPA”). See Evankavitch v. Green Tree Servicing, LLC
The United States Court of Appeals for the Third Circuit recently reversed a lower court and found that Mortgage Electronic Registration Systems Inc. (“MERS”) does not violate Pennsylvania’s recording law. See Montgomery Cnty., Pa. v. MERSCORP Inc., 795 F.3d 372 (3d Cir. 2015). In the case, a Pennsylvania county recorder sued
The United States District Court for the Northern District of Alabama recently dismissed a putative class action complaint alleging that a title agent was involved in a kickback scheme with an affiliated entity. See White v. JRHBW Realty, Inc., 2015 WL 5470245 (N.D. Ala. Sept. 16, 2015). In the case
The United States Court of Appeals for the Second Circuit recently held that a mortgage loan servicer’s letter to a borrower advising that the servicer had assumed mortgage servicing responsibilities for the borrower’s mortgage was subject to the requirements of the Fair Debt Collection Practices Act (“FDCPA”). See Hart v
The United States Court of Appeals for the District of Columbia Circuit recently reversed a lower court and found that a Texas bank has standing to challenge the constitutionality of the Consumer Financial Protection Bureau (“CFPB”). See State Nat. Bank of Big Spring v. Lew, 795 F.3d 48 (D.C. Cir. 2015).
The United States Court of Appeals for the Eleventh Circuit recently held that a bank was not a debt collector under the Fair Debt Collection Practices Act (“FDCPA”) when it attempted to pursue a credit card debt that was in default at the time the bank obtained it. See Davidson
The United States District Court for the Western District of New York recently held that a debt collector’s letter that named one party as the original and current creditor and another as the party that retained the debt collector did not violate the Fair Debt Collection Practices Act (“FDCPA”). See
The Court of Appeals of Wisconsin recently held that a title company could not be held liable for the acts of its title agent in disbursing escrow funds from a construction loan. See Haselow v. Vilas Title Serv., Inc., 2015 WI App 68 (2015). In the case, the borrowers entered
The First Department of New York’s Appellate Division recently held that a Taiwanese bank that has 128 worldwide branches, 107 of which are in Taiwan and only one of which is in New York, was required to provide information on all of its branches in responses to an information subpoena.