In 5510 Sheridan Road Condominium Association v. U.S. Bank, 2017 IL App. (1st) 160279 (March 31, 2017) the First District Appellate Court clarified some confusion over how Section 9(g)(3) of the Condominium Property Act (765 ILCS 605/9(g)(3)) operates to foreclose an assessment lien and concluded that when the foreclosure sale…
Read More »In Alexander v. AmeriPro Funding, Inc., 848 F.3d 698 (5th Cir. Feb. 16, 2017) the Fifth Circuit held that a lender is not guilty of violating the Equal Credit Opportunity Act (ECOA) because of an alleged policy not to buy loans in the secondary market that rely on a borrower’s…
Read More »The Eight Circuit in McKeage v. TMBC, LLC, 847 F.3d 992 (8th Cir. Feb. 13, 2017) affirmed a judgment of $24 million on behalf of a class against a national retailer for charging a fee to prepare the sales contract and other legal documents. As part of a contract to…
Read More »An Illinois appellate court in PNC Bank, v. Wilson, No. 2-15-1189, 2017 IL App (2d) 151189 (March 2, 2017) determined that a mortgage servicer’s failure to strictly comply with the HUD regulations requiring the servicer to request a face to face meeting with the mortgagor prior to instituting a foreclosure,…
Read More »In Turra v. Deutsche Bank Trust Co. Americas, 476 Mass. 1020, 68 N.E.3d 631 (Jan. 30, 2017) the Massachusetts Supreme Court held that a mortgagee’s failure to provide post-foreclosure notices required by statute did not render the foreclosure void. The mortgagor contended that the completed foreclosure of her home was…
Read More »In Dyck O’Neal, Inc. v. Ward, No. 2D15-2989 (Fla. Dist. Ct. App. Jan. 27, 2017) a Florida Appellate court found that a creditor need not comply with Section 559.715 of the Florida Consumer Collection Practices Act (FCCPA) when attempting to enforce a final foreclosure judgment. In this case, after the…
Read More »In Green v. Specialized Loan Servicing, LLC, No. 15-CV-513-JDP (W.D. Wis. Jan. 18, 2017) the court granted summary judgment on Plaintiff’s FDCPA claims because, despite the fact that some of the communications contained errors, including that Plaintiffs’ were past due on their loans, the purpose of the communications were not…
Read More »A federal court in Virginia held in Lovegrove v. Brock & Scott, PLLC, No. 2:16CV418 (E.D. Va. Jan. 17, 2017) that a Plaintiff’s knowledge of his bankruptcy discharge was critical in determining whether a communication from a debt collector was an attempt to collect a debt under the FDCPA. In…
Read More »Notices sent by loan server advising mortgagor who was discharged in Bankruptcy, and that she we would be responsible for the costs of replacement coverage, were not attempts to collect a debt under the FDCPA. In Burns v. Seterus, Inc., No. 16-CV-06638 (W.D.N.Y. Jan. 11, 2017) the mortgage servicer sent…
Read More »In Jallali v. Knightsbridge Vill. Homeowners Ass’n, Inc., No. 4D15-2036 (Fla. Dist. Ct. App. Jan. 4, 2017) a Florida Appellate court found that the filing of a lis pendens by the first mortgage holder did not bar a subsequent foreclosure by a homeowner’s association. In Jallali, the first mortgagee filed…
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