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

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Ninth Circuit Holds That Debt Collector’s Interest Demand Did Not Violate FDCPA

Jul 21, 2015 | Leave a comment
The United States Court of Appeals for the Ninth Circuit recently reversed a District Court’s grant of summary judgment to a debtor and held that a debt collector was entitled to demand interest under California law.  See Diaz v. Kubler Corp., 785 F.3d 1326 (9th Cir. 2015).  The Fair Debt

Kentucky Court of Appeals Rejects Mortgage’s Subordination Clause

Jul 17, 2015 | Leave a comment
The Kentucky Court of Appeals recently held that the subrogation clause in one mortgage was ineffective to give priority to a subsequently-recorded mortgage.  See Police & Fire Ret. Sys. of City of Detroit v. Midwest Bus. Credit, LLC, 2015 WL 1880788 (Ky. Ct. App. Apr. 24, 2015).  In the case

Illinois Federal Court Holds That Debt Collector May Be Liable For Filing Lawsuit Based on Retroactive Seventh Circuit Decision

May 20, 2015 | Leave a comment
The United States District Court for the Northern District of Illinois recently held that the filing of a debt collector’s lawsuit in a then-proper venue may have constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”) after a retroactive Seventh Circuit Decision.  See Glazewski v. CKB Firm, P.C.

New York Court Holds Failure to Pay Homeowners’ Insurance Is Not Cause for Foreclosure on Reverse Mortgage

Mar 04, 2015 | Leave a comment
A New York Supreme Court recently held that a lender may not foreclose on a reverse mortgage due to the mortgagee’s failure to pay homeowners’ insurance premiums, even if such language is included in the reverse mortgage itself.  See OneWest Bank v. Smith, NYLJ 1202670454135 (N.Y. Sup. Ct. Sept. 10

New Jersey Federal Court Dismisses 100-Plaintiff Complaint Against Lenders

Oct 23, 2014 | Leave a comment
The United States District Court for the District of New Jersey recently granted jurisdiction, severed and dismissed a complaint filed by 103 plaintiffs claiming that a group of lenders and mortgage servicers conspired to injure them through their mortgage assignment and servicing procedures.  See Haley v. AMS Servicing, LLC, 201

SDNY Holds That a Defendant Is Not Required to Produce Documents of Its Subsidiaries

Aug 14, 2014 | Leave a comment
The United States District Court for the Southern District of New York denied the class action plaintiffs’ motion to compel a defendant company to produce subpoenaed documents potentially held by the defendant’s subsidiaries, holding that the defendant did not exercise control over such documents.  See Sicav v. Wang, 2014 WL

New York Federal Court Holds That Tax Sale Foreclosure May Constitute a Fraudulent Conveyance

Aug 11, 2014 | Leave a comment
The United States District Court for the Northern District of New York held that property acquired via a tax foreclosure judgment can be subject to attack as a fraudulent conveyance under 11 U.S.C. § 548.  See Clinton Cnty. Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014).  In the case, the

New Jersey Supreme Court Declares Tax Sale Certificate to be Tax Liens

Jun 27, 2014 | Leave a comment
In a decision resolving years of conflicting New Jersey opinions, the New Jersey Supreme Court decided this week that a tax sale certificate purchaser holds a tax lien, and is thus entitled to a statutory rate of 18% interest.  See In re Princeton Office Park v. Plymouth Park Tax Services

New Jersey Bankruptcy Court Holds That Tax Sale Foreclosure May Constitute a Fraudulent Conveyance

Mar 07, 2014 | Leave a comment
In a decision that endorsed the Court’s previous holding of In re Berley, the United States Bankruptcy Court for the District of New Jersey again held that property acquired via a tax foreclosure judgment can be subject to attack as a fraudulent conveyance under 11 U.S.C. § 548.  See Matter
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