Insights

New Jersey Appellate Division Holds That Bank’s Preferential Senior Checking Accounts Did Not Violate LAD

The New Jersey Appellate Division recently held that a bank did not violate New Jersey’s Law Against...

New York Supreme Court Holds That Borrower’s Failure to Properly Serve Appeal on Loan Service Negated RESPA Protections

The Supreme Court of New York, Suffolk County, recently held that a mortgagor who did not properly...

California Federal Court Denies Motion to Dismiss ECOA Complaint

The United States District Court for the Northern District of California recently denied a loan servicer and...

Seventh Circuit Holds Assignee of Debt Liable for Debt Collector’s Failure to Clearly Name Current Creditor

The United States Court of Appeals for the Seventh Circuit recently held that the assignee of a...

New Jersey Appellate Division Holds That Mortgagor Lacked Standing to Challenge Assignment of Note and Mortgage to Foreclosing Mortgagee

The New Jersey Appellate Division recently held that a mortgagor could not challenge the assignment of a...

Fourth Circuit Holds That Assignee of Defaulted Auto Loans Was Not Debt Collector Under the FDCPA

The United States Court of Appeals for the Fourth Circuit recently held that a company that purchased...

West Virginia Federal Court Rejects Borrowers’ TILA Claims Based on Lender’s Declaratory Judgment Action

The United States District Court for the Southern District of West Virginia recently dismissed a portion of...

Eleventh Circuit Holds That Communication to Debtor’s Attorney Violated FDCPA

The United States Court of Appeals for the Eleventh Circuit recently held that a debt collector’s letter...

California Federal Court Holds Lender Not Negligent For Modifying Loan Based on Borrower’s Pre-Retirement Income

The United States District Court for the Northern District of California recently dismissed a  complaint alleging that...