Debt Collection

California Court Finds for Defendant Bank in Adverse Possession Dispute

The California Court of Appeals, Fifth Appellate Division, recently found for defendant Citibank, N.A. (“Citibank”) in a...

California Court Finds for Bank on Equitable Mortgage and Subrogation Claims

The Court of Appeal of California, First Appellate District, Division Four, recently overturned a lower court’s summary...

Fifth Circuit Affirms Dismissal in Overdraft Charges Dispute

The United States Court of Appeals for the Fifth Circuit recently affirmed a lower court’s dismissal in...

New Jersey Appellate Division Holds Purchaser of Property in Tax Sale Foreclosure Can Intervene Before Order Setting Redemption Date

In a decision approved for publication, New Jersey’s Appellate Division recently affirmed that a purchaser of a...

Seventh Circuit Reverses and Remands FDCPA Claim for Lack of Standing

The United States Court of Appeals for the Seventh Circuit recently reversed and remanded a plaintiff’s successful...

Fifth Circuit Holds Individual Guarantor Waived His Right to Challenge Guaranty in Forbearance Agreements

The United States Court of Appeals for the Fifth Circuit recently rejected an individual guarantor’s (“Lockwood”) fraudulent...

New York Federal Court Finds Notation of Loan Suspension on Credit Report Insufficient to Demonstrate Concrete Injury under FCRA

The United States District Court for the Eastern District of New York recently dismissed a consumer’s claim...

8th Circuit: No Automatic FDCPA Protection for Boilerplate Disclosures

The United States Court of Appeals for the Eighth Circuit recently affirmed summary judgment in favor of...

Fifth Circuit Affirms Bankruptcy Court Order in Lien Priority Dispute

The Fifth Circuit recently affirmed a Bankruptcy Court’s order, finding that a bank's properly perfected security interest...

Second Circuit Interprets Guidance from New York Court of Appeals on Pre-Foreclosure Mailing Burden of Proof, Filings

Following guidance from the New York Court of Appeals, the United States Court of Appeals for the...

Second Circuit Reverses District Court, Holds Debt Collector Did Not Violate FDCPA When It Sent Proposed Settlement Notice That Did Not Include Interest

The United States Court of Appeals for the Second Circuit recently reversed a District Court and held...

Connecticut Supreme Court Holds Lender Entitled to Tribal Sovereign Immunity as an “Arm of the Tribe”

In a case of first impression, the Connecticut Supreme Court recently held that (1) an entity claiming...