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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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.…
Read More »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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