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Doctrine of Lis Pendens and Overall Delay Render Motion to Intervene in an Ohio Foreclosure Untimely

July 11, 2024

Introduction In a recent case from the Court of Appeals of Ohio, the Court assessed the timeliness...

Colorado Federal Court Rejects Insured’s Claim for Defense and Indemnity for Mechanic’s Liens

July 3, 2024

Introduction Northmarq Finance, a Nebraska limited liability company, had a title insurance policy with Fidelity National Title...

5-Year Failure to Provide Title Claim Notice Relieves Underwriter of Duty to Defend

June 27, 2024

Introduction In a recent case from the United States District Court for the District of Nevada, the...

Analyzing the Fallout: Entire Controversy Doctrine Impacts Complex Mortgage Dispute

April 3, 2024

Introduction This case explores the impact of New Jersey’s entire controversy doctrine in a foreclosure action involving...

Bank of America and Zelle Establish Compliance with the EFTA

March 20, 2024

Introduction In a comprehensive decision, the United States District Court for the Central District of California recently...

Tenth Circuit Affirms ECOA’s Regulatory Decision to Limit Creditors’ Exposure

March 18, 2024

Introduction In a recent credit discrimination case, the Tenth Circuit affirmed the Western District of Oklahoma’s finding...

Court Holds MPDAA Controls over Tenancy Act in Joint Account Ownership Case

December 20, 2023

Introduction The New Jersey Appellate Division recently decided a case involving levies on a bank account wherein...

Florida Appellate Court Holds Bank Does Not Owe a Duty to Refrain From Negligent Lending

September 15, 2023

On August 30, 2023, the Florida Third District Court of Appeal (“the Court”) issued its opinion in...

Washington Court Addresses Loan Servicer RESPA Response Obligations

August 15, 2023

In a recent opinion issued by the United States District Court for the Western District of Washington...

Non-Borrower Fraud Allegations Insufficient to Waive Debt Tender Requirement in Quiet Title Action

August 4, 2023

In its recent opinion issued in Ha v. Bank of N.Y. Mellon, No. H050054, 2023 Cal. App. Unpub....

Washington District Court Decides Issues of First Impression Regarding Fiduciary Duties

August 1, 2023

On June 23, 2023, the United States District Court for the Western District of Washington (“the Court”)...

Illinois District Court Holds ECOA Protections Inapplicable to Prospective Loan Applicants

March 14, 2023

On February 3, 2023, the Northern District of Illinois (“the Court”) issued an important opinion in the...

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