The Plaintiff in Garrison v. Caliber Home Loans, Inc., No. 616CV978ORL37DCI (M.D. Fla. Jan. 10, 2017) alleged that her mortgage loan servicer violated the FDCPA and the Florida collection practices act by, among other things, attempting to collect a debt the servicer knew was time-barred. The court held that the…
Read More »Plaintiff’s FDCPA complaint in Benali v. AFNI, Inc., No. CV 15-3605-BRM-DEA (D.N.J. Jan. 4, 2017) asserted two causes of action: a violation of § 1692e by including in a collection letter a false and deceptive reference to a processing fee for payments made electronically and a violation of § 1692f(1)…
Read More »In City of Chicago v. Elm State Prop. LLC, 2016 IL App (1st) 152552 (Dec. 22, 2016) the First District Appellate Court of Illinois held that the assignment of mortgage loan was not a transfer of a “beneficial interest” in real property triggering a transfer tax assessment under the Chicago…
Read More »In Woerthwein v. Midland Credit Mgmt., Inc., No. 1:16-CV-4058 (N.D. Ill. Oct. 24, 2016) an Illinois district court held that the FDCPA’s “competent lawyer” standard does not apply when the debtor is an attorney. Plaintiff, an attorney, brought an FDCPA suit over two dunning letters related to unpaid credit card…
Read More »AUI Const. Grp., LLC v. Vaessen, 2016 IL App (2d) 160009 (Nov. 9, 2016) involved a subcontractor who constructed a tower to support a wind energy system. The contractor was later found bankrupt and the subcontractor sued to foreclose a mechanic’s lien on the property where the tower was constructed.…
Read More »The Sixth Circuit recently confirmed that a servicer and the lender that did not bring a foreclosure action as a counterclaim to a federal FDCPA lawsuit did not waive their ability to foreclose in the future. In Bauman v. Bank of America, 15-3106 (Dec. 23, 2015) 808 F. 3d 1097,…
Read More »In Garfield v. Ocwen Loan Servicing, LLC, 15-527 (2d Cir. Jan. 4, 2016), the Second Circuit examined the question whether a debtor who has been discharged in a bankruptcy can sue in a district court under the Fair Debt Collection Practices Act (FDCPA) or must seek relief in the bankruptcy…
Read More »The Illinois Supreme Court affirmed that an action brought by a condominium association against the developers and others, alleging breach of a Chicago ordinance prohibiting misrepresentation in the course of marketing and selling real estate, among other claims, should not have been dismissed. In Henderson Square Condo. Ass’n v. LAB…
Read More »The Seventh Circuit has held that an Illinois tax sale, lawfully conducted in accordance with the rules governing such sales, was nonetheless a fraudulent conveyance under § 548(a)(1)(B) of the Bankruptcy Code. In In re Smith, No. 15-1166, (7th Cir. Jan. 2016) the Chapter 13 debtors brought an adversary proceeding…
Read More »The Third District Appellate Court has upset a longstanding practice of circuit courts to deny a mortgagee the right to a deficiency even where the mortgagee has established its right to same. In U.S. Bank Trust, N.A. v. Atchley, 2015 IL App (3d) 150144 (Nov. 17, 2015) the mortgagee filed…
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