The Indiana Court of Appeals recently granted a title insurer summary judgment on the insureds’ breach of contract and bad faith claims because the insureds had failed to give prompt notice of their title claim. See Pike v. Conestoga Title Ins. Co., 2015 WL 5680154 (Ind. Ct. App. 2015). In
A New York court recently denied a motion to vacate the default entered against the borrower’s executrix, holding that the requirement that the mortgagee negotiate in good faith at a foreclosure conference only applied to mortgaged premises that are occupied by the borrower as his or her principal residence. See
The United States Supreme Court recently held that an unaccepted offer of judgment pursuant to Federal Rule of Civil Procedure 68 did not render a class action claim moot, but the Court did not rule on whether the claim would be moot if the lower court had entered a judgment
A Florida appellate court recently held that a lender could institute a second foreclosure action against a borrower without sending a second default notice, so long as the first action was dismissed without prejudice. See Sill v. JPMorgan Chase Bank, Nat. Ass’n, 2016 WL 67256 (Fla. Dist. Ct. App. Jan
The United States District Court for the Western District of Wisconsin recently held that a debt collector’s first letter to a consumer in which it noted the amount due but did not make any threats did not violate the Fair Debt Collection Practices Act (“FDCPA”), but that a second letter
The United States District Court for the Eastern District of New York recently dismissed a borrower’s complaint that alleged, among other claims, violations of the Truth in Lending Act (“TILA”). See Ledgerwood v. Ocwen Loan Servicing LLC, No. 15 CIV. 1944 (BMC), 2015 WL 7455505 (E.D.N.Y. Nov. 21, 2015). In
The United States District Court for the Southern District of New York recently held that a debt collector’s offer of judgment pursuant to Federal Rule of Civil Procedure 68 rendered the plaintiff’s putative class action claims under the Fair Debt Collection Practices Act (“FDCPA”) moot. See Franco v. Allied Interstate
The United States Court of Appeals for the Second Circuit recently reversed a District Court’s dismissal order and found that a debtor’s claims regarding a debt collector’s post-bankruptcy communications may be brought in the District Court under the Fair Debt Collection Practices Act (“FDCPA”), instead of as a contempt claim
The United States District Court for the Northern District of Illinois recently held that a debt collector violated the Fair Debt Collection Practices Act (“FDCPA”) by telling the debtor that her total balance due included the debt collector’s court costs. See Oberg v. Blatt, 2015 WL 9478213 (N.D. Ill. Dec
The United States District Court for the Eastern District of New York recently held that a debt collector’s letter that implied that the debtor was intentionally not paying a debt constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”). See Beider v. Retrieval Masters Creditors Bureau, Inc., 201
