The United States District Court for the Western District of New York recently granted defendant’s motion to dismiss plaintiff’s first cause of action alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), on the ground that plaintiff failed to sufficiently plead that the communications from defendant were sent in an attempt to collect a debt.
In recent years, the question of whether a full-credit bid at a foreclosure sale constitutes a payment under a title insurance policy has been the subject of widespread dispute. Jumping into the fray, the Arizona Supreme Court recently ruled on the issue and held that an insured lender’s full-credit bid at a trustee’s sale did not constitute such a payment.
The United States District Court for the District of Maryland recently granted defendants’ motion to dismiss plaintiff’s complaint with prejudice, holding that a previously filed foreclosure action precluded the present action on res judicata grounds.
The Supreme Court of New York, Westchester County, recently granted defendant’s motion to vacate a confession of judgment entered against it, voiding the underlying written merchant agreement, and cancelling and enjoining prosecution of the agreement on the ground that the transaction was usurious.
The Supreme Court of New York, New York County, recently granted defendant bank’s motion to dismiss a claim that it wrongfully withdrew plaintiff’s funds from his account after another defendant falsely claimed his checks were forged. See Galitsa v. Berkley, 2016 N.Y Slip Opp. 32468(U) (N.Y. Sup. Ct. 2016).
The United States District Court for the Eastern District of New York recently denied a defendant debt collector’s motion to dismiss plaintiff’s putative class action alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”), finding that plaintiff sufficiently alleged a substantive violation of the FDCPA that demonstrates a concrete and particularized injury-in-fact, or, alternatively, a procedural violation of the FDCPA that poses a risk of real harm to plaintiff’s statutory interests.
The Court of Appeal of California, Third Appellate District, recently affirmed the lower court’s ruling that plaintiff borrower lacked standing to challenge the alleged irregularities in the securitization of her loan, thereby dismissing her complaint alleging wrongful foreclosure, declaratory relief and quiet title.
A Florida appellate court recently granted a motion for rehearing and reversed its prior decision, now holding that municipal liens placed on a property after a final judgment of foreclosure but before the judicial sale were discharged by the sale.
The Third Department of New York’s Appellate Division recently held that the lower court erred: (1) in granting summary judgment in plaintiff’s favor, because factual questions existed whether defendant timber company adversely possessed the disputed parcel for the requisite period, and (2) in declining to dismiss plaintiff’s claim for punitive damages, which is distinct from his claim for treble damages pursuant to the RPAPL.
The United States District Court for the District of New Jersey recently granted a motion for summary judgment to a mortgage lender and servicer, among others, on the plaintiffs’ claims that arose from their allegation that the lender unilaterally had increased their interest rate at the closing.