Banking Litigation

New York Federal Court Holds Restraining Notice Served on New York Financial Advisory Branch Was Sufficient to Restrain Out-of-State Property

The United States District Court for the Northern District of New York recently held that a restraining...

New Hampshire Federal Court Finds Lender Should Be Equitably Subrogated Despite Actual Knowledge of Other Lien

The United States District Court for the District of New Hampshire recently granted a lender summary judgment...

Rhode Island Federal Court Holds That Bank Was Liable When It Sent Letter Under Another Name

The United States District Court for the District of Rhode Island recently held that a bank’s use...

Iowa Supreme Court Holds Overdraft Fees Are Not Extensions of Credit Subject to Usury Laws

The Iowa Supreme Court recently held that a bank’s overdraft fees did not violate a state usury...

Third Circuit Holds That RESPA Claims for Captive Reinsurance Arrangement Time-Barred

The United States Court of Appeals for the Third Circuit recently affirmed a District Court’s grant of...

New York’s Second Department Affirms Denial of Summary Judgment to Bank Customer Who Alleged Fraudulent Transfer

The Second Department of New York’s Appellate Division recently affirmed a lower court’s denial of a bank...

Eleventh Circuit Holds That Servicer Violated FDCPA by Including Estimated Future Charges in Letter to Debtor

The United States Court of Appeals for the Eleventh Circuit recently reversed a lower court and found...

New York Supreme Court Holds That Bank Was Not Liable for Unauthorized Transfers

The Supreme Court of New York, New York County, recently held that a bank was not liable...

New York Court Holds That Deceased Borrower’s Executrix Was Not Entitled to Same Protections in Foreclosure Action as the Borrower

A New York court recently denied a motion to vacate the default entered against the borrower’s executrix,...

Florida Appellate Court Rejects Argument That Mortgagee Had to Send Second Default Notice to Borrower After First Lawsuit Dismissed Without Prejudice

A Florida appellate court recently held that a lender could institute a second foreclosure action against a...

New York Federal Court Holds That Offer of Judgment to FDCPA Plaintiff Rendered Class Action Moot

The United States District Court for the Southern District of New York recently held that a debt...

Second Circuit Holds That Debt Collector’s Post-Bankruptcy Actions May Give Rise to FDCPA Claims

The United States Court of Appeals for the Second Circuit recently reversed a District Court’s dismissal order...