The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s grant of summary judgment to a loan servicer on a Real Estate Settlement Procedures Act (“RESPA”) claim when the borrowers could not sufficiently allege any connection between their alleged injury and the RESPA violation.
In a case “that appears to be a new question in the court of appeals,” the United States Court of Appeals for the Sixth Circuit recently affirmed a lower court’s holding that a lender’s failure to notify its borrowers of the assignment of the borrowers’ deed of trust did not entitle the borrowers to rescind the loan under the Truth in Lending Act (“TILA”).
The United States Court of Appeals for the Eleventh Circuit recently held that a loan servicer did not violate the Real Estate Settlement Procedures Act (“RESPA”) when it did not evaluate an untimely loss mitigation application or when it issued a form response to a notice of error.
The United States Court of Appeals for the Third Circuit recently reaffirmed that a foreclosure action commenced more than six years after the loan was accelerated could still be within the applicable statute of limitations.
The United States District Court for the District of New Jersey recently dismissed a complaint alleging that a letter that sought to collect a time-barred debt violated the Fair Debt Collection Practices Act (“FDCPA”), holding that the letter never threatened litigation and that a settlement payment would not revive the statute of limitations.
The New Jersey Appellate Division recently affirmed a lower court’s decision that held that a 1949 covenant restricted the use of property to a single family residence and prohibited the construction of a religious center.
In a precedential decision, the United States Court of Appeals for the Third Circuit recently affirmed a decision that title insurers did not waive their ability to compel individual arbitration when attempting to do so earlier would have been futile under then-existing law.
The United States District Court for the Southern District of New York recently held that debt collectors who submit an affidavit falsely stating that a debt is due and owing may be liable under the Fair Debt Collection Practices Act (“FDCPA”), and the statute of limitations for such a claim may be tolled.
The Supreme Court of New York, Westchester County, recently held that the notice provisions of New York Real Property Actions and Proceedings Law § 1304 (“RPAPL § 1304”) do not apply when the borrower is deceased, and a mortgagee foreclosing on a residential property therefore does not need to notify the estate.
The United States Court of Appeals for the Seventh Circuit recently held that a misleading validation notice in a debt collection complaint violated the fair Debt Collection Practices Act (“FDCPA”) because it would mislead an unsophisticated consumer as to his or her method and deadline to dispute the claim.