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

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Indiana Appellate Court Grants Title Insurer Summary Judgment Based on Insureds’ Failure to Notify

Feb 02, 2016 | Leave a comment
The Indiana Court of Appeals recently granted a title insurer summary judgment on the insureds’ breach of contract and bad faith claims because the insureds had failed to give prompt notice of their title claim. See Pike v. Conestoga Title Ins. Co., 2015 WL 5680154 (Ind. Ct. App. 2015). In

New York Court Holds That Deceased Borrower’s Executrix Was Not Entitled to Same Protections in Foreclosure Action as the Borrower

Jan 28, 2016 | Leave a comment
A New York court recently denied a motion to vacate the default entered against the borrower’s executrix, holding that the requirement that the mortgagee negotiate in good faith at a foreclosure conference only applied to mortgaged premises that are occupied by the borrower as his or her principal residence.  See

Supreme Court Holds That Unaccepted Settlement Offer Does Not Moot Class Action

Jan 26, 2016 | Leave a comment
The United States Supreme Court recently held that an unaccepted offer of judgment pursuant to Federal Rule of Civil Procedure 68 did not render a class action claim moot, but the Court did not rule on whether the claim would be moot if the lower court had entered a judgment

Florida Appellate Court Rejects Argument That Mortgagee Had to Send Second Default Notice to Borrower After First Lawsuit Dismissed Without Prejudice

Jan 22, 2016 | Leave a comment
A Florida appellate court recently held that a lender could institute a second foreclosure action against a borrower without sending a second default notice, so long as the first action was dismissed without prejudice.  See Sill v. JPMorgan Chase Bank, Nat. Ass’n, 2016 WL 67256 (Fla. Dist. Ct. App. Jan

Wisconsin Federal Court Holds That Debt Collector’s Threat of Foreclosure May Have Violated FDCPA

Jan 19, 2016 | Leave a comment
The United States District Court for the Western District of Wisconsin recently held that a debt collector’s first letter to a consumer in which it noted the amount due but did not make any threats did not violate the Fair Debt Collection Practices Act (“FDCPA”), but that a second letter

New York Federal Court Rejects Borrower’s TILA Claims

Jan 14, 2016 | Leave a comment
The United States District Court for the Eastern District of New York recently dismissed a borrower’s complaint that alleged, among other claims, violations of the Truth in Lending Act (“TILA”).  See Ledgerwood v. Ocwen Loan Servicing LLC, No. 15 CIV. 1944 (BMC), 2015 WL 7455505 (E.D.N.Y. Nov. 21, 2015).  In

New York Federal Court Holds That Offer of Judgment to FDCPA Plaintiff Rendered Class Action Moot

Jan 12, 2016 | Leave a comment
The United States District Court for the Southern District of New York recently held that a debt collector’s offer of judgment pursuant to Federal Rule of Civil Procedure 68 rendered the plaintiff’s putative class action claims under the Fair Debt Collection Practices Act (“FDCPA”) moot.  See Franco v. Allied Interstate

Second Circuit Holds That Debt Collector’s Post-Bankruptcy Actions May Give Rise to FDCPA Claims

Jan 08, 2016 | Leave a comment
The United States Court of Appeals for the Second Circuit recently reversed a District Court’s dismissal order and found that a debtor’s claims regarding a debt collector’s post-bankruptcy communications may be brought in the District Court under the Fair Debt Collection Practices Act (“FDCPA”), instead of as a contempt claim

Illinois Federal Court Holds That Debt Collector Violated the FDCPA by Telling Consumer That She Was Responsible for Court Costs

Jan 05, 2016 | Leave a comment
The United States District Court for the Northern District of Illinois recently held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) by telling the debtor that her total balance due included the debt collector’s court costs.  See Oberg v. Blatt, 2015 WL 9478213 (N.D. Ill. Dec

New York Federal Court Holds That Debt Collector’s Intimidating Letter Violated the FDCPA

Dec 29, 2015 | Leave a comment
The United States District Court for the Eastern District of New York recently held that a debt collector’s letter that implied that the debtor was intentionally not paying a debt constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”).  See Beider v. Retrieval Masters Creditors Bureau, Inc., 201
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  • Virginia Federal Court Denies Title Agent’s Motion to Dismiss Title Insurer’s Action
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