Insights

Sixth Circuit Holds That Defendants Using MERS Did Not Violate Kentucky Law by Failing to Record Note Transfers

The United States Court of Appeals for the Sixth Circuit recently addressed a split in its district...

Fourth Circuit Holds That Bank Officers May Be Personally Liable for Poor Loan Decisions Under a Theory of Negligence if Not Protected Under the Bank’s Articles of Incorporation

The United States Court of Appeals for the Fourth Circuit recently vacated a lower court’s grant of...

Illinois Federal Court Holds That Debt Collector Was Not Liable For Filing Lawsuit In Incorrect Venue in Reliance on Seventh Circuit Decision

The United States District Court for the Northern District of Illinois recently held that the filing of...

Third Circuit Requires an Inaccurate Statement to Be Material to Impose FDCPA Liability

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

Second Circuit Holds That Nursing Home Debt Is Protected by FDCPA

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

Eighth Circuit Rejects Borrowers’ TILA Claims Based on Inaccurate Disclosures

The United States Court of Appeals for the Eighth Circuit recently rejected a borrower’s Truth in Lending...

Eleventh Circuit Holds That Lender’s Interest in Water Treatment System Was Not Sufficient to Trigger TILA Protection

The United States Court of Appeals for the Eleventh Circuit recently affirmed a lower court’s decision that...

Ninth Circuit Holds That Debt Collector’s Interest Demand Did Not Violate FDCPA

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

Kentucky Court of Appeals Rejects Mortgage’s Subordination Clause

The Kentucky Court of Appeals recently held that the subrogation clause in one mortgage was ineffective to...