In Gibbs v. Blitt and Gaines, 2014 Ill.1st 123681 (February 11, 2014), the debtor on behalf of a class sued the defendant law firm under the FDPCA. Relying on an earlier appellate decision, _LVNV Funding, LLC v. Trice_, 952 N.E.2d 1232 (2011), which held that a judgment obtained by an…
Read More »There two issue of significance in Clark v. Main Street Acquisition Corp. 13-3763 (6th Cir. Jan. 27, 2014). The first is whether the debt collector violated the FDCPA by filing false affidavits seeking court costs in addition to the amount owed. Debtor argued that the inclusion of the word costs…
Read More »In Pembrook Condominium Association-One v. North Shore Trust & Savings, 2013 IL App (2d) 130288 the mortgage holder of a unit filed a foreclosure joining the condominium association as a party for unpaid assessment liens. The mortgagee was the purchaser at the foreclosure sale and paid the assessments that accrued…
Read More »The issue addressed in In re: Todd Lamont and Christina Lamont, No. 13-1187 (7th Cir. Jan. 7, 2014) is how a tax sale purchaser’s interest should be treated in a bankruptcy commenced after the tax sale of the property, but before the period to redeem the taxes had expired. The…
Read More »Under the Protecting Tenants Against Foreclosure Act (PTFA) 12 U.S.C. 52 §§ 701-704, the purchaser of a home at a foreclosure sale must honor a lease held by a bona fide tenant which was entered into prior to the issuance of a judicial deed for its full term, unless the…
Read More »In Union County, Illinois v. MERSCORP, Inc., 735 F.3d 730 (7th Cir. November 14, 2013) the Seventh Circuit upheld the rejection of another attempt by a municipality to eviscerate the MERS model. The municipalities argued that MERS continuously and intentionally violated the Illinois Conveyance Act by its model of de…
Read More »Marais v. Chase Home Finance LLC, 12-4248 (6th Cir. Nov. 26, 2013) addresses the recent amendments to TILA and specifically whether they can be interpreted to impose liability on servicers. The Sixth Circuit said they do not. The relevant amendments were part of the Helping Families Save Their Homes Act…
Read More »Wells Fargo Bank N.A., vs. Mason, 05-12-01590-CV (Tex.App-Dallas November 5, 2013) is an appeal from a trial court judgment awarding Plaintiff damages and possession in a suit for forcible detainer. Defendant appealed the verdict contending, inter alia, that the trial court erred by overruling Defendant’s hearsay-within-hearsay objection to the trustee’s…
Read More »The issue at stake in Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Illinois Supreme Court, Nov. 21, 2013) directly affects a mortgagor’s ability to set aside a foreclosure sale by an eleventh hour request to vacate the underlying judgment. The Supreme Court of Illinois reversed a decision that…
Read More »Smith v. Jenkins, 732 F.3d 51 (1st Cir. October 15, 2013) is an appeal from a verdict arising out of a fraudulent real estate mortgage scheme where a nearly incompetent person was duped into acting as a straw buyer for two overvalued residential properties in Massachusetts. One of the defendants,…
Read More »