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.…
Read More »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…
Read More »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.…
Read More »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…
Read More »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…
Read More »A Massachusetts Appeals Court has rejected an attempt by a mortgage assignee using the doctrine of equitable subrogation to impose on a surviving spouse an obligation to pay the balance of deceased husband’s note that was used to refinance their home mortgage loan. In Wells Fargo Bank, N.A., v. Comeau.,…
Read More »In Wells Fargo Bank, N.A., v. Dixie R. Norris et al., 2017 IL App (3d) 150764 (July 3, 2017) an Illinois appellate court clarified the limits of 735 ILCS 5/13-217, commonly known as the “single re-filing rule”, holding that res judicata principles govern whether a re-filed action is the same…
Read More »A debt collector who files a time-barred proof of claim is not engaging in false or deceptive conduct as defined by the FDCPA, according to a recent decision by the US Supreme Court. In Midland Funding, LLC v. Johnson, 16-348, (May 15, 2017) the debtor filed a Chapter 13 Bankruptcy…
Read More »The Eleventh Circuit in Helman v. Bank of America, 15-13672, – Fed. Appx.– (11th Cir. April 12, 2017) concluded that the least sophisticated consumer would not be misled that it was personally liable for a discharged debt where the monthly statements sent by the debtor’s bank contained a statement that…
Read More »U.S. District Court for the Northern District of Illinois held in Hahn v. Anselmo Lindberg Oliver LLC, 1:16-cv-06908 (Mar. 3, 2017) that the foreclosure of real estate is not an attempt to collect a debt under the FDCPA and a law firm that proceeds with foreclosure despite a pending bankruptcy…
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