In Lox v. CDA, Ltd. (No. 11-2729, 7th Cir., August 2, 2012), a consumer sued a debt collector alleging that the collector included a warning in a dunning letter for unpaid doctor’s fees that if the consumer failed to pay his debt within 48 hours a lawsuit could be brought…
Read More »A California appeals court determined that the lender could not charge a default rate of interest under the note’s acceleration clause after the note matured or otherwise became fully due and payable. In JCC Development Corp. v. Levy, 208 Cal. App. 4th 1522, 146 Cal. Rptr. 3d 635 (August 31,…
Read More »In FirstMerit Bank v. Balin, (No. 11 CV 8809, ND IL, Sept. 11, 2012), the assignee bank purchased defendants’ loan from the FDIC which was acting as the receiver of the bank which originated the loan. After the assignment, the loan was declared in default and the assignee sued to…
Read More »In Ragland v. U.S. National Bank Ass’n, 209 Cal. App. 4th 182 (Sept. 11, 2012) a California appellate court held that where a lender instructs a borrower to miss a mortgage payment in order to qualify for consideration for a loan modification, and then proceeds to foreclose, the borrower has…
Read More »In Reese v. Provident Funding Associates, LLP, A12A0619 (Ga. Ct. App. July 12, 2012) the mortgagors defaulted on a promissory note and mortgagee. The original lender sold the note but continued to act as the loan servicer. It sent a notice of foreclosure sale to the borrowers pursuant to Georgia…
Read More »In McMurray v. ProCollect, Inc. (11-10291, 5th Cir., July 16, 2012), the debtor sued a debt collector alleging that a letter sent by the debt collector was inconsistent and overshadowed the FDCPA statutory notice contained in the letter. The letter stated: It is important that you pay your debt as…
Read More »In Wallace v. Lerner, Sampson & Rothfuss (10-3694, 6th Cir., June 26, 2012), the mortgagor sued the mortgagee, the servicer and the mortgagee’s law firm alleging false, deceptive and misleading claim of ownership under section 1692e of the FDCPA. The mortgagor alleged that in the state foreclosure action the mortgagee…
Read More »The underlying issue in Deutsche Bank Nat. Trust Co. v. Brewer, No. 1-11-1213 (Opinion filed May 9, 2012. Modified upon Denial of Rehearing, July 18, 2012) was whether a defective affidavit from the process server in a mortgage foreclosure action was proof in itself that service was not made and…
Read More »In El-Bey v. HUD, et al. (11-cv-72 N.D. IL Mem. Op. June 11, 2012), Plaintiff who was not the borrower but claimed an interest in the real estate brought a complaint in federal court against various parties involved in a completed foreclosure, including against the judicial selling officer appointed by…
Read More »In re McNeal (Case No 11-11352, 11th Cir., May 11, 2012 – unpublished) the debtor in her voluntary petition for Chapter 7 Bankruptcy reported that her home was subject to two mortgage liens, a first mortgage in the amount of $176,413 and a second mortgage in the amount of $44,444.…
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