California Appellate Court Affirms Order Granting Anti-SLAPP Motion in Quiet Title Action

The Court of Appeal of California, Third Appellate District, recently affirmed a trial court’s decision striking claims for quiet title and declaratory relief under California's anti-SLAPP statute, finding that recording a judgment constitutes a protected activity which is privileged under Civil Code § 47(b)(2). See Reynolds v. Palmbaum, 2021 WL 3184943 (Cal. Ct. App. July 28, 2021).  

Illinois Federal Court Grants Title Insurer’s Motion to Dismiss Breach of Contract and Consumer Fraud Claims

The United States District Court for the Northern District of Illinois recently granted a title insurance company’s motion to dismiss claims for breach of contract and consumer fraud, finding that the plaintiff failed to allege any loss and that his claim under the Illinois Consumer Fraud Act was barred by the statute of limitations. See Steward v. J.P. Morgan Chase Bank, N.A., et. al., 2021 WL 3142042 (N.D. Ill. July 26, 2021). 

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 under § 1681e(b) of the Fair Credit Reporting Act (the “FCRA”), finding that the notation of a loan suspension on the consumer’s credit report and the resulting diminution in his credit score were insufficient, standing alone, to demonstrate a concrete reputational or financial injury. See Grauman v. Equifax Info. Servs., LLC, 2021 WL 3239865 (E.D.N.Y. July 16, 2021).

New York Federal Court Grants Debt Collector’s Motion for Judgment on the Pleadings in FDCPA Action

The United States District Court for the Eastern District of New York recently granted a debt collector’s motion for judgment on the pleadings, finding that so long as a debt collector either accurately informs the consumer that the amount of the debt stated in the letter will increase over time, or clearly states that the holder of the debt will accept payment of the amount set forth in full satisfaction of the debt if payment is made by a specified date, the debt collector will not be liable under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1692e.

New Jersey Trial Court Finds No Affirmative Cause of Action Against Banks under New Jersey Uniform Fiduciaries Law

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law (“UFL”) does not permit an affirmative cause of action against a bank and that the bank had no legal obligation to investigate alleged improper transfers made pursuant to a Power of Attorney. See Estate of Ralph Sandor v. Wells Fargo Clearing Services, et al., Docket No. BER-C-54-21. 

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 a mortgage loan servicer, finding that the communications from the mortgage loan servicer were not communications “in connection with the collection of a debt,” as required under the Fair Debt Collection Practices Act (“FDCPA”). See Heinz v. Carrington Mortg. Servs., LLC, 2021 WL 2878322 (8th Cir. July 9, 2021).

Bankruptcy Court May Exercise “Related to” Jurisdiction Over Quiet Title Action

The Eleventh Circuit recently affirmed a Bankruptcy Court and held that dismissal of an underlying bankruptcy case did not divest the Bankruptcy Court of jurisdiction in related quiet title action. In re Lindsey, 2021 WL 1140661 (11th Cir. 2021). In 2015, the plaintiff filed a voluntary petition for Chapter 13 bankruptcy relief. In his schedule of assets, the plaintiff listed a fee simple interest in a commercial multi-tenant building and an adjacent vacant lot. To avoid losing the properties in a foreclosure proceeding commenced by a mortgage-holder, the plaintiff decided to sell the properties to Duckworth Development (“Duckworth”).