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.
The United States Court of Appeals for the Sixth Circuit recently addressed a split in its district courts and held that entities that utilized the Mortgage Electronic Registration System (“MERS”) did not violate a Kentucky statute by failing to record a note assignment within thirty days. See Higgins v. BAC
The United States Court of Appeals for the Fourth Circuit recently vacated a lower court’s grant of summary judgment on negligence and breach of fiduciary duty allegations against the officers of a failed bank. See F.D.I.C. ex rel. Co-op. Bank v. Rippy, 2015 WL 4910473 (4th Cir. Aug. 18, 2015)
The United States District Court for the Northern District of Illinois recently held that the filing of a debt collector’s lawsuit in a then-proper venue did not constitute a violation of the Fair Debt Collection Practices Act (“FDCPA”). See Oliva v. Blatt, Hasenmiller, Leibsker & Moore, LLC, 2015 WL 425379
The United States Court of Appeals for the Third Circuit recently held that a debt collector’s inaccurate statement on an information subpoena as to the name of the Clerk of the Court did not constitute a violation of the Fair Debt Collection Practices Act (“FDCPA”). See Jensen v. Pressler &
The United States Court of Appeals for the Second Circuit recently held that a debt collector’s phone calls and letters to a widower and his daughter over a nursing home debt fell under the provisions of the Fair Debt Collection Practices Act (“FDCPA”). See Eades v. Kennedy, PC Law Offices
The United States Court of Appeals for the Eighth Circuit recently rejected a borrower’s Truth in Lending Act (“TILA”) claim that their inaccurate disclosure allowed them extra time to rescind. See Beukes v. GMAC Mortgage, LLC, 786 F.3d 649 (8th Cir. 2015). In the case, the borrowers entered into a
The United States Court of Appeals for the Eleventh Circuit recently affirmed a lower court’s decision that a borrower does not have a cause of action under the Truth in Lending Act (“TILA”) for a transaction in which a lender takes a security interest in a residence’s water treatment system.
