Illinois Court rules that merger doctrine satisfies judgment

In Access Realty Grp., Inc. v. Kane, 2019 IL App (1st) 180173 (Sept. 13, 2019) an Illinois Appellate Court upheld the dismissal of a citation proceeding by the creditor’s assignee on the grounds that the merger doctrine satisfied the underlying judgment. Because the plaintiff was no longer a judgment creditor,…

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Because the debt was not his, plaintiff could not prove it was a consumer…

The Seventh Circuit in Burton v. Kohn Law Firm, S.C., 934 F.3d 572 (7th Cir. August 9, 2019) held that because the defendant in a debt collection suit denied any knowledge or association with the debt, he could not provide sufficient evidence that the debt in was a consumer debt…

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Seventh Circuit finds “no harm, no foul”, and hence no federal jurisdiction, on borrower’s…

In Casillas v. Madison Avenue Associates, Inc., No. 17-3162 (7th Cir. June 4, 2019) the Seventh Circuit affirmed a judgment for a debt collection agency on a FDCPA claim on the basis that while the borrower caught the debt collector in a mistake, it caused no harm to the borrower.…

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No inaccuracies; no FCRA claim, according to the Ninth Circuit

In Florence v. Experian Info. Sols., Inc., No. 18-15413 (9th Cir. Aug. 13, 2019) in an unpublished opinion the Ninth Circuit affirmed a judgment for credit reporting agency on a FCRA claim on the basis that the consumer could not identify an inaccuracy credit reporting. Consumers contended that the credit…

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Final order in mortgage foreclosure action bars all claims against the mortgagee, even a…

In Taylor v. Bayview Loan Servicing, LLC, 2019 IL App (1st) 172652 (July 25, 2019), the Plaintiffs brought an action against the lender who foreclosed a mortgage on their home in a prior proceeding. Plaintiff’s contended the foreclosure was wrongful and the lender had committed fraud upon the court. For…

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Illinois court rejects mortgagor’s attempt to thwart foreclosure by claiming a sham LLC he…

In an “ignoble attempt to discredit the foreclosure judgment” the mortgagor in U.S. Bank, Nat’l Ass’n as Tr. for Credit Suisse First Bos. CSFB 2005-11 v. Laskowski, 2019 IL App (1st) 181627 (July 16, 2019), belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC…

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Florida court holds borrowers entitled to attorney’s fees where bank dismisses foreclosure in face…

Florida’s Fourth District Court of Appeal reversed a trial court’s denial of reciprocal attorney’s fees to borrowers who were sued for foreclosure after the bank voluntarily dismissed the action. The bank in Venezia v. JP Morgan Mortg. Acquisition Corp., No. 4D18-1278 (Fla. Dist. Ct. App. May 22, 2019) filed a…

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Neither attorney-client privilege nor the rules of professional conduct shield the identity of a…

An Illinois Appellate Court recently held that Neither the attorney-client privilege nor the rules of professional conduct shield the identity of a lawyer’s third-party client. Thus, in a citation proceeding the lawyer must disclose the identity of the person who retained the lawyer to represent the debtors. In Margules v.…

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Florida Court holds second foreclosure not barred by res judicata where different default date…

A Florida Appellate Court in Bullock v. Bayview Loan Servicing, LLC, No. 1D18-3130 (Fla. Dist. Ct. App. June 28, 2019) upheld a foreclosure judgment in a second foreclosure which alleged a later default date than the prior action which the servicer lost. The court affirmed the holding that the second…

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Florida Appellate Court holds that lender does not have to send new notice of…

In HSBC Bank USA, N.A. as Tr. for Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 v. Leone, No. 2D17-2851 (Fla. Dist. Ct. App. May 3, 2019) a Florida Appellate Court reversed a trail court ruling that because the lenders first foreclosure was voluntarily dismissed it had to…

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