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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Seventh Circuit holds dunning letter not misleading by including validation notice on the second…

The Seventh Circuit in O’Boyle v. Real Time Resolutions, Inc., 910 F.3d 338, 341–48 (7th Cir. Dec. 7, 2018) affirmed a Wisconsin district court’s ruling that a letter which stated that important information was on the back of its first page, but the required validation notice was actually on the…

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Eleventh Circuit holds that debt is not “provided for” in the chapter 13 plan…

The Eleventh Circuit affirmed a Florida district court’s holding In re Dukes, 909 F.3d 1306 (11th Cir. Dec. 6, 2018), that a mortgage debt was not discharged under 11 U.S.C. § 1328(a) when the debt was paid outside of the chapter 13 plan because it was not “provided for” in…

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The Fifth Circuit affirms Texas district court’s decision to award successful plaintiff in an…

In Davis v. Credit Bureau of the South, 908 F.3d 972 (5th Cir. Nov. 16, 2018) the debtor alleged that a debt collector violated the FDCPA by falsely representing that it was a credit bureau when it had lost its credit bureau designation some years earlier. The district court entered…

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Pennsylvania District Court rejects law firms defense to class certification in FDCPA actio

In Gibbons, v. Weltman, Weinberg & Reis Co., LPA, No. 17-1851 (E.D. Penn Oct. 31, 2018) a Pennsylvania District Court granted a consumer’s class certification in an FDCPA suit against a law firm alleging that debt-collection letters printed on the firm’s letterhead falsely implied that they were being sent by…

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Illinois Supreme Court holds that a suit on the note is the same as…

The Illinois Supreme Court held in First Midwest Bank v. Cobo, 2018 IL 123038 (November 29, 2018) that a lawsuit for breach of a promissory note asserts the same cause of action as a prior foreclosure complaint when that foreclosure complaint specifically requested a deficiency judgment based on the same…

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Fifth Circuit applies Texas common law to hold that time to foreclose is stayed…

In HSBC Bank USA, N.A., as Trustee for Merrill Lynch Mortgage Loan v. Crum, No. 17-11206 (5th Cir. Oct. 17, 2018) the Fifth Circuit affirmed a district court’s entry of summary judgment in favor of a foreclosing mortgagee that the suit was timely brought, holding that the statute of limitations…

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Seventh Circuit holds that six month delay between property inspection and municipal ordinance citation…

Does a six month delay between a property inspection and notice of a municipal ordinance citation violate due process? In Nanette Tucker v. City of Chicago, et al., No. 17-2480 (7th Cir. Oct. 19, 2018) the United States Court of Appeals for the Seventh Circuit affirmed the district court’s ruling…

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Wisconsin court dismisses debtor’s FDCPA and FCRA claims because they were not abandoned by…

The debtor in Kitchner v. Fiergola, et al., No. 18 CV 133 (E.D. Wis. Sept. 18, 2018) brought suit under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”) against several attorneys for disclosing her credit score and history in a complaint they filed in a…

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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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