The United States District Court for the Northern District of Oklahoma recently held that a bank’s extended overdraft fee was not illegal interest under the National Bank Act. See Shaw v. BOKF, Nat. Ass’n, 2015 WL 6142903 (N.D. Okla. Oct. 19, 2015). In the case, the plaintiff overdrew her bank
The United States Court of Appeals for the Second Circuit recently held that a cause of action under the Fair Debt Collection Practices Act (“FDCPA”) accrued for statute of limitations purposes when the bank improperly froze the plaintiff’s bank account, not when the debt collector’s attorney mailed the restraining notice
The United States District Court for the Northern District of Illinois recently held that the filing of a debt collector’s lawsuit in an improper venue may have constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”), even if the debtor was never served. See Desfassiaux v. Blatt, Hasenmiller
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