Seventh Circuit holds that debtor who spent $3.95 to send a second validation request…
After more than a dozen rulings over the last four years where the Seventh Circuit has tossed FDCPA suits for the debtors’ failures to establish Article III standing, the Seventh Circuit recently found that a debtor had standing to sue for violations of the FDCPA due to the time and…
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Illinois court holds that the failure to comply with face-to-face meeting requirement cannot be…
The Second District Illinois Appellate Court in Freedom Mortg. Corp. v. Olivera, 2021 IL App (2d) 190462 (Aug. 5, 2021) affirmed the rule that failing to comply with the HUD regulations requiring a face-to-face meeting prior to foreclosure is a complete defense to the action. The Court went further, however,…
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Ohio and Tennessee district courts hold that the CDC exceeded its authority to make…
In Skyworks, Ltd. v. Centers for Disease Control & Prevention, No. 5:20-CV-2407 (N.D. Ohio Mar. 10, 2021) and Tiger Lily LLC v. United States Dep’t of Housing & Urban Development, No. 2:20-CV-2692-MSN-ATC (W.D. Tenn. Mar. 15, 2021) district courts in Ohio and Tennessee struck down the Centers for Disease Control…
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Noonan & Lieberman welcomes Robert J. Emanuel as a Partner
Noonan & Lieberman is proud to announce the addition of Robert J. Emanuel as a partner. Bob represents financial institutions such as national banks, mortgage lenders and loan servicers, in class and individual actions that arise under federal consumer lending statutes such as the Real Estate Settlement Procedures Act, the…
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Illinois Appellate Court holds description of property as “single family residence” sufficient notification to…
In U.S. Bank Nat’l Ass’n as Tr. for C-Bass Mortg. Loan Asset-Backed Certificates, Series 2006-CB2 v. Sharif, 2020 IL App (1st) 191013 (Sept. 17, 2020), the mortgagor appealed the order confirming a foreclosure sale contending that the notice of the sale was insufficient. The mortgagor complained that public notice of…
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Lawsuit Filed Challenging Illinois Governor’s Moratorium on Evictions
On June 23, 2020, Noonan & Lieberman, Ltd., and Jeffrey Grant Brown, P.C., filed a complaint in the Circuit Court of Will County, Illinois, on behalf of three property owners challenging the Governor of the State of Illinois’ moratorium on evictions. While we agree with the Governor’s wish to protect…
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Florida court holds borrowers entitled to attorney’s fees where bank dismisses foreclosure in face…
Florida’s Fourth District Court of Appeal reversed a trial court’s denial of reciprocal attorney’s fees to borrowers who were sued for foreclosure after the bank voluntarily dismissed the action. The bank in Venezia v. JP Morgan Mortg. Acquisition Corp., No. 4D18-1278 (Fla. Dist. Ct. App. May 22, 2019) filed a…
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Florida Court holds second foreclosure not barred by res judicata where different default date…
A Florida Appellate Court in Bullock v. Bayview Loan Servicing, LLC, No. 1D18-3130 (Fla. Dist. Ct. App. June 28, 2019) upheld a foreclosure judgment in a second foreclosure which alleged a later default date than the prior action which the servicer lost. The court affirmed the holding that the second…
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Amendments to Pennsylvania consumer protection statute will not be applied retroactively
In Johnson v. Phelan Hallinan & Schmieg, LLP, 2019 PA Super 11 (Jan. 8, 2019) the Superior Court of Pennsylvania upheld a finding that a 2008 amendment to state consumer protection which raised the statutory limit for qualifying loans from $50,000 to $217,873.5 will not be applied retroactively. In this…
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Seventh Circuit holds person who asserts he did not take out the debt is…
In Loja v. Main Street Acquisition Corp., 906 F.3d 680 (7th Cir. Oct. 18, 2018), someone took out a credit card in the plaintiffs name and did not pay it. A debt collector sought to collect the debt from the plaintiff leading the plaintiff to file suit under the FDCPA.…
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