Eleventh Circuit says that mortgage statement containing “mini-Miranda” warning can be an “attempt to…

The Eleventh Circuit in Daniels v. Select Portfolio Servicing, Inc., 34 F.4th 1260 (11th Cir. May 24, 2022) reversed a district court ruling in favor of a mortgage servicer that monthly mortgage statements sent in compliance with Truth In Lending Act (“TILA”) are not communications in connection with the collection…

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Congress Enacts the LIBOR Act Providing Transition Plans and Safe Harbor

On March 15, 2022, the Adjustable Interest Rate (LIBOR) Act (the “LIBOR Act”) was signed into law, as Division U of the enactment of the Consolidated Appropriations Act of 2022. As the London Interbank Offered Rate (“LIBOR”) index is set to end on June 30, 2023, the LIBOR Act provides…

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Illinois Appellate Court holds dismissal of complaint “de-accelerates” the mortgage for purposes of the…

To the several opinions issued in the last two years on the scope and impact on mortgage foreclosure proceedings of Illinois’ “single-refiling” rule, which allows a plaintiff to dismiss and refile a suit only once, needs to be added Bank of New York Mellon as Tr. for Certificate Holders of…

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Illinois Supreme Court holds foreclosure filing fee unconstitutional

On June 17, 2021, the Illinois Supreme Court in Walker v. Chasteen, 2021 IL 126086 (June 17, 2021) struck down on constitutional grounds a section of Illinois’ foreclosure rules imposing a $50 filing fee for each residential mortgage foreclosure case filed, and up to an additional $500 fee for institutions…

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D.C. District Court strikes down CDC eviction moratorium on the grounds that the HHS…

In Alabama Ass’n of Realtors v. United States Dep’t of Health & Hum. Servs., No. 20-CV-3377 (D.D.C. May 5, 2021) the U.S. District Court for the District of Columbia struck down the Centers for Disease Control and Prevention’s (“CDC”) eviction moratorium concluding that the Secretary of the Department of Health…

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11th Circuit rules that sharing of debtor’s information with third party vendor is actionable…

The appeal in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434 (11th Cir. Apr. 21, 2021) arose from the dismissal of a claim that a debt collector violated section 1692c(b) of the FDCPA which prohibits a debt collector from communicating consumers’ personal information to third parties “in connection…

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SCOTUS resolves dispute over what qualifies as an “automatic telephone dialing system” under the…

In Facebook, Inc. v. Duguid, No. 19-511 (U.S. Apr. 1, 2021) the Supreme Court was asked to resolve a dispute over whether a device qualifies as an “automatic telephone dialing system”, or autodialer, under the Telephone Consumer Protection Act (“TCPA”) if it has the capacity “to store or produce telephone…

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New Illinois Law Imposes Rate Cap Restrictions and True Lender Requirements on Small-Dollar and…

On March 23, 2021, Illinois’ new Predatory Loan Prevention Act (“PLPA”), Senate Bill No. 1792, was signed into law, Public Act 101-0658, causing it to become effective immediately. The PLPA is a consumer protection law, and it will significantly impact lenders making certain consumer loans in Illinois. This note covers…

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SCOTUS holds that mere retention of debtor’s property after the filing of a bankruptcy…

In City of Chicago v. Fulton, No. 19-357 (U.S. Jan. 14, 2021) the Supreme Court of the United States reversed a series of lower court rulings finding that the City of Chicago did not violate the bankruptcy code’s automatic stay provision when it refused to return vehicles to Chapter 13…

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Illinois Supreme Court requires Certification of Compliance with the Governor’s Executive Orders to be…

On December 22, 2020, the Illinois Supreme Court issued M.R. 30370.  This Order provides a certification form entitled “Plaintiffs Certification of Compliance with the Governor’s Executive Orders on Evictions” and requires that the filing of any eviction complaint be accompanied by a completed copy of the certification form.  The certification…

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