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.
The Supreme Court of New York, Queens County, recently held that a homeowner who had failed to answer a foreclosure complaint could not assert the defense of the plaintiff’s alleged lack of standing in opposition to the plaintiff’s motion for default judgment. See JPMorgan Chase Bank, Nat. Ass’n v. Washington
The United States Court of Appeals for the Fifth Circuit recently affirmed that Mortgage Electronic Registration Systems Inc. (“MERS”) did not violate a Texas recording law and that the borrowers being foreclosed did not have a right to challenge the Pooling and Service Agreement (“PSA”) that assigned their deed of trust.
The United States Court of Appeals for the Sixth Circuit recently held that a limited liability company may have a valid claim under the Fair Debt Collection Practices Act (“FDCPA”) against a debt collector for a misrepresentation in the debt collector’s foreclosure notification. See Anarion Investments LLC v. Carrington Mortgage
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