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…
Read More »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…
Read More »In Moore v. Wells Fargo Bank, N.A., No. 18-1564 (7th Cir. Nov. 7, 2018), the mortgagor defaulted on two separate loan modifications. Following the second default the mortgagee filed for judicial foreclosure. After foreclosure judgment was entered and shortly before the foreclosure sale of the property was about to occur,…
Read More »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 Hoang v. Bank of America, N.A., No. 17-35993 (9th Cir. Dec 6, 2018), in connection with the refinance of the borrower’s mortgage, the originating bank failed to give the borrower a notice of the right to recession as required under Section 1635 of the federal Truth in Lending Act…
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 »On December 19, 2018, the United States Government Accountability Office (“GAO”) issued a report to Congress focused on three segments of fintech lending industry that cover personal loans, small business lending and student loans (“Report”). For these segments, the Report (i) identifies trends in fintech lending and business models used 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…
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