Hawaii Supreme Court clarifies rules on the introduction of business records in foreclosure proceedings

On June 21, 2021, the Supreme Court of Hawaii in U.S. Bank Tr., N.A. as Tr. for LSF9 Master Participation Tr. v. Verhagen, No. SCWC-17-0000746 (Haw. June 21, 2021) settled several questions related to the introduction of evidence and business records critical to the mortgage foreclosure process, most of which…

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Firm will present at American Legal & Financial Network’s ANSWERS Webinar

On Friday, July 31, 2020, Founding Partner Jim Noonan will be virtually presenting at this year’s American Legal & Financial Network (ALFN) ANSWERS webinar entitled “Hindsight is 2020 – A year in Review. Top Issues of the Past Year.” Conferences as we have known them may be on hold, but…

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Illinois Court holds that complaint inferred acceleration notice was provided and for a monetary…

The mortgagor, in U.S. Bank, Nat’l Ass’n as Tr. for Truman 2016 SC Title Tr. v. Reinish, 2020 IL App (2d) 190175 (April 21, 2020), asserted as a defense to a judgment of foreclosure that the mortgagee did not provide her with a notice of acceleration prior to foreclosing. The…

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Illinois appellate court rejects “sharp bidding” in sale of assets as not just and…

An Illinois appellate court condemned the practice of “sharp bidding” in First Merit Bank, N.A., v. McEnery, 2020 IL App (3d) 180287 (April 14, 2020). Where the terms of the sale of assets to satisfy a judgment require each side to submit their highest and best offers in writing by…

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Illinois Appellate Court holds that one year statute of limitations applies to TILA rescission…

The borrowers in U.S. Bank Nat’l Assn. v. Miller, 2020 IL App (1st) 191029 (March 20, 2020) appealed from a judgment dismissing their counterclaim in a foreclosure proceeding to rescind their mortgage under the Truth in Lending Act (“TILA”). In a case of first impression, an Illinois appellate affirmed holding…

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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 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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Florida court holds that ability to enforce a lost note does not create a…

In another chapter in the seemingly never ending saga of Florida’s statute of limitations litigation, a Florida Appellate Court recently held that a foreclosure complaint was not time barred because the time had run on the bank’s ability to enforce a lost note. Mielke v. Deutsche Bank Nat’l Tr. Co.…

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Florida district court holds that TCPA claim fails because calls placed to number that…

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-CIV (S.D. Fla. Jan. 26, 2018), Plaintiff sued her mortgagee and servicer for violations of the FDCPA, the Florida Consumer Collections Practices Act (“FCCPA”), and the Telephone Consumer Protection Act (“TCPA”) all related to the servicer’s written and telephonic attempts to collect…

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Second Circuit affirms that the TCPA does not permit a party to unilaterally revoke…

The Second Circuit Court of Appeals denied a petition for a panel rehearing in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d Cir. June 22, 2017) which serves to affirm the rule that a party to a bilateral contract may not unilaterally revoke his consent to receive…

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