Illinois court upholds verdict that publisher is not liable for error in tax sale…

In Wheeler Fin., Inc. v. Law Bulletin Publishing Co., 2018 IL App (1st) 171495 (Sep. 14, 2018) a tax purchaser sued the publisher of its tax deed notices for an error in the notice which resulted in the tax buyer losing its tax deed proceeding. The tax buyer alleged that…

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The Ninth Circuit affirmed dismissal of FDCPA class action when the plaintiff failed to…

The Ninth Circuit in Tourgeman v. Nelson & Kennard, 900 F.3d 1105 (9th Cir. Aug. 20 2018) held that it is the plaintiff’s burden to prove defendant’s net worth in an FDCPA class action. Because the plaintiff lacked evidence of the defendant’s net worth the appellate court affirmed the dismissal…

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Illinois Appellate Court holds there is no equitable mortgage without a written instrument

In Edward F. Paliatka v. Bush, et al., 2018 IL App (1st) 172435 (July 18, 2018) the Illinois Appellate Court affirmed the trial court’s order dismissing the mortgagee’s action to foreclose an equitable mortgage. The court held that an equitable mortgage does not exist without there being a written instrument.…

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Third Circuit holds that bad debt buyer deemed “debt collector” under the FDCPA

The Third Circuit in Tepper v. Amos Financial LLC, No. 17-2851 (3d Cir. Aug. 7, 2018) has extended the reach of the FDCPA’s definition of debt collector to include entities whose principal business is to collect the defaulted debts they purchase. The debtors had a home equity line of credit…

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Indiana district court holds debt collection attorney violated FDCPA by serving Request to Admit…

In Patterson v. Howe, Case No. 1:16-cv-03364, (S. D. Ind. Mar. 30, 2018) the district court for the Southern District of Indian found that a debt collector violated the FDCPA when it served the debtor with a “Requests to Admit”, along with the summons and the complaint, which basically asked…

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Eleventh Circuit says attorney violates BAPCA by encouraging debtor to pay attorney fee by…

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, (“Act”) amended federal law to impose new requirements on professionals who assist with the preparation of bankruptcy petitions. The provision at issue in a recent decision from the Eleventh Circuit, Cadwell v. Kaufman, Englett & Lynd, PLLC, 886 F.3d 1153…

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Cash collateral order in bankruptcy constitutes “constructive possession” of property sufficient to allow mortgagee…

Addressed in U.S. Bank Nat’l Ass’n v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Mar. 29, 2018) was whether a mortgagee holding an assignment of rents was entitled to collect rents before a receiver was appointed on the basis that a bankruptcy court had previously ordered that the rents…

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Illinois federal court finds collection letter listing interest and other charges as $0 is…

The debtor in Delgado v. Client Servs., Inc., No. 17 C 4364 (N.D. Ill. Mar. 7, 2018) sued the debt collector under the FDCPA by sending a misleading letter regarding a dunning letter that reference the balance due at charge-off “2,619.26”, interest at “0.00”, other charges at “0”, payments made…

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Ninth Circuit says receipt containing credit card’s full expiration date violates FCRA but is…

In Bassett v. ABM Parking Services, Inc., 883 F.3d 776 (Feb. 21, 2018), the United States Court of Appeals for the Ninth Circuit held that a consumer who received a credit card receipt that improperly contained the full expiration date in violation the Fair Credit Reporting Act (“FCRA”) failed to…

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Sixth Circuit holds Article III jurisdiction lacking for claims under the FDCPA where no…

In Hagy v. Demers & Adams, No. 17-3696, 882 F.3d 616 (Feb. 16, 2018), two borrowers took out a loan for a mobile home on which they subsequently defaulted, prompting the lender to foreclose. The parties resolved the case through a deed in lieu and the lender dismissed the foreclosure.…

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