Current Case Alert Archives - Page 3 of 30

Because the debt was not his, plaintiff could not prove it was a consumer…

The Seventh Circuit in Burton v. Kohn Law Firm, S.C., 934 F.3d 572 (7th Cir. August 9, 2019) held that because the defendant in a debt collection suit denied any knowledge or association with the debt, he could not provide sufficient evidence that the debt in was a consumer debt…

Seventh Circuit finds “no harm, no foul”, and hence no federal jurisdiction, on borrower’s…

In Casillas v. Madison Avenue Associates, Inc., No. 17-3162 (7th Cir. June 4, 2019) the Seventh Circuit affirmed a judgment for a debt collection agency on a FDCPA claim on the basis that while the borrower caught the debt collector in a mistake, it caused no harm to the borrower.…

No inaccuracies; no FCRA claim, according to the Ninth Circuit

In Florence v. Experian Info. Sols., Inc., No. 18-15413 (9th Cir. Aug. 13, 2019) in an unpublished opinion the Ninth Circuit affirmed a judgment for credit reporting agency on a FCRA claim on the basis that the consumer could not identify an inaccuracy credit reporting. Consumers contended that the credit…

Final order in mortgage foreclosure action bars all claims against the mortgagee, even a…

In Taylor v. Bayview Loan Servicing, LLC, 2019 IL App (1st) 172652 (July 25, 2019), the Plaintiffs brought an action against the lender who foreclosed a mortgage on their home in a prior proceeding. Plaintiff’s contended the foreclosure was wrongful and the lender had committed fraud upon the court. For…

Illinois court rejects mortgagor’s attempt to thwart foreclosure by claiming a sham LLC he…

In an “ignoble attempt to discredit the foreclosure judgment” the mortgagor in U.S. Bank, Nat’l Ass’n as Tr. for Credit Suisse First Bos. CSFB 2005-11 v. Laskowski, 2019 IL App (1st) 181627 (July 16, 2019), belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC…

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.…

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…

Even though foreclosure accelerates debt Eleventh Circuit holds it is not inaccurate to report…

In Hunt v. JPMorgan Chase Bank, Nat’l Ass’n, No. 18-11306 (11th Cir. Apr. 25, 2019) a consumer filed a class action suit alleging that his lender violated the Fair Credit Reporting Act by reporting him late even after the lender had commenced foreclosure proceedings. He also contended that after he…

Illinois court holds that tender of amount sought before class certification motion moots claim

The Illinois Supreme Court recently allowed an appeal from an order finding that the tender to the plaintiffs of the requested relief before a motion for class certification is made served to moot the plaintiffs’ claims. In Joiner v. SVM Mgmt., LLC, 2019 IL App (1st) 172336-U (Feb. 14, 2019)…

Seventh Circuit affirms reduction of fee petition on FDCPA verdict from $187,410 to $10,875

The Seventh Circuit observed in Paz v. Portfolio Recovery Assocs., LLC, No. 17-3259 (7th Cir. May 15, 2019) that “[s]ometimes settling a case is the only course that makes sense”. It affirmed a district’s reduction of a debtor’s fee petition on an FDCPA verdict from $187,410 to $10,875 concluding the…