The United States District Court for the Northern District of New York recently held that a restraining notice served on a Wells Fargo Advisors branch in Albany was sufficient to restrain the out-of-state assets of a non-party.
The United States District Court for the District of New Hampshire recently granted a lender summary judgment and held that its mortgage was entitled to priority over a prior-recorded mortgage securing a home equity line of credit (“HELOC”) when the HELOC was not fully paid off despite the lender’s actual knowledge of the lien.
The United States District Court for the District of Rhode Island recently held that a bank’s use of a third party’s name in a letter to a consumer was a violation of the Fair Debt Collection Practices Act (“FDCPA”).
The Iowa Supreme Court recently held that a bank’s overdraft fees did not violate a state usury statute because the fees were not extensions of credit.
The United States Court of Appeals for the Eleventh Circuit recently affirmed a lower court and found that a consumer could not maintain a lawsuit against his mortgagee’s assignee for the mortgage servicer’s failure to respond to a request for a payoff balance under the Truth in Lending Act (“TILA”).
The United States Court of Appeals for the Third Circuit recently affirmed a District Court’s grant of summary judgment dismissing a class action complaint that alleged that a lender’s captive reinsurance arrangement violated the anti-kickback provisions of the Real Estate Settlement Procedures Act (“RESPA”) because the claims were time-barred.
The Rhode Island Supreme Court recently held that a condominium lien can extinguish a prior-recorded first mortgage on the property.
The Second Department of New York’s Appellate Division recently affirmed a lower court’s denial of a bank customer’s motion for summary judgment and held that the customer may have contributed to the allegedly fraudulent transfer.
The United States Court of Appeals for the Eleventh Circuit recently reversed a lower court and found that a mortgage servicer violated the Fair Debt Collection Practices Act (“FDCPA”) by including estimated future attorneys’ fees in a reinstatement letter to the debtor.
The Supreme Court of New York, New York County, recently held that a bank was not liable for unauthorized transfers from its customers’ bank account under the Electronic Funds Transfer Act (“EFTA”) because the customers failed to notify the bank of the transfers within 60 days.