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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Illinois district court says that debt collector violates the FDCPA by not itemizing breakdown…

The debotr in Vogel v. McCarthy, Burgess, & Wolff, Inc., No. 17 C 6681 (N.D. Ill. Aug. 6, 2018) sued the debt collector for violating the FDCPA by failing to itemize the elements of her total debt in a collection letter. The court ruled that an unsophisticated consumer could be…

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Georgia district court allows ADA suits to proceed against credit unions for their websites’…

In Jones v. Lanier Fed. Credit Union, No. 2:17-CV-00282-RWS (N.D. Ga. Sept. 26, 2018) and Jones v. Piedmont Plus Fed. Credit Union, No. 1:17-CV-5214-RWS (N.D. Ga. Sept. 26, 2018) a Georgia District Court allowed claims brought by a legally blind plaintiff to proceed against credit unions because their websites denied…

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Seventh Circuit says state rule that debt collector must serve papers on debtor unless…

The Seventh Circuit in Holcomb v. Freedman Anselmo Lindberg, LLC, 900 F.3d 990 (7th Cir. Aug. 21 2018) reversed a district court judgment against a debt collector alleged to have violated the FDCPA rule against sending notices to a debtor it knows is represented by counsel. The Court held that…

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