In Hagy v. Demers & Adams, No. 17-3696, 882 F.3d 616 (Feb. 16, 2018), two borrowers took out a loan for a mobile home on which they subsequently defaulted, prompting the lender to foreclose. The parties resolved the case through a deed in lieu and the lender dismissed the foreclosure.…
Read More »The main issue addressed in U.S. Bank Nat’l Ass’n v. Randhurst Crossing LLC, 2018 IL App (1st) 170348 (Mar. 29, 2018) is whether a mortgagee holding an assignment of rents was entitled to collect rents before it a was receiver appointed where a bankruptcy court had previously ordered that the…
Read More »The Plaintiff in Abante Rooter & Plumbing, Inc. v. Oh Insurance Agency, No. 15-CV-9025 (N.D. Ill. Feb. 20, 2018) brought a class action under the TCPA alleging they used an autodialer to make two unsolicited and pre-recorded sales calls to Plaintiff’s cellular phone. One call went to voice-mail and the…
Read More »In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-CIV (S.D. Fla. Jan. 26, 2018), Plaintiff sued her mortgagee and servicer for violations of the FDCPA, the Florida Consumer Collections Practices Act (“FCCPA”), and the Telephone Consumer Protection Act (“TCPA”) all related to the servicer’s written and telephonic attempts to collect…
Read More »In Skibbe v. U.S. Bank, et al. No. 16 C 192 (N.D. Ill. Feb. 15, 2018), the United State District Court for the Northern District of Illinois District granted summary judgment to a mortgagee and the firm retained to handle a state court foreclosure on an FDCPA claim which asserted…
Read More »In Naranjo v. The Cherrington Firm, LLC, 2-17-cv-00645 (Jan. 22, 2018) the United State District Court for the District of Utah found in favor of the consumer that his Utah Consumer Sales Protection Act (“UCSPA”) claim was not barred by the Fair Debt Collection Practices Act (“FDCPA”). In Naranjo, the…
Read More »A federal appeals court in Texas confirmed in Clark v. Deutsche Bank Nat’l Tr. Co. for Morgan Stanley ABS Capital I, Inc., Tr. 2006-HE3, No. 16-11806 (5th Cir. Jan. 22, 2018) that communications made in connection with a loan modification agreement doo not relate to the collection of a debt…
Read More »The Superior Court of New Jersey upheld a decision of a lower court granting judgment for a mortgagee in a civil action alleging that the mortgagee engaged in fraud by obtaining a foreclosure judgment when there was allegedly a loan modification in place. The appellate court held that because the…
Read More »The Superior Court of New Jersey upheld the decision of a lower court granting judgment for a mortgagee in a civil action which alleged the mortgagee engaged in fraud by obtaining a foreclosure judgment when there was allegedly a loan modification in place. The appellate court held that because the…
Read More »James B. Nutter & Co. v. Estate of Murphy, 478 Mass. 664 (Feb. 1, 2018) concerned the right of a holder of a reverse to foreclose under Massachusetts’s statutory power of sale mechanism where the right is not expressly reserved in the security instrument. In 2007 and 2008, three elderly…
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