The Illinois Court of Appeals, Fifth District, recently affirmed a trial court’s judgment granting the release of a mortgage and vacated the trial court’s order denying an award of attorney’s fees. In so ruling, the Appellate Court held that a citation to recover under section 16-1 of the Illinois Probate Act is a proper vehicle to be used to obtain a release of mortgage.
A consumer debt buyer recently agreed to a $12 million settlement to resolve allegations by the Massachusetts Office of the Attorney General of a variety of allegedly unlawful debt buying and collection practices.
The Supreme Court of Missouri recently reversed the judgment of a trial court in favor of two consumers on the finance company’s petition for a deficiency judgment in relation to a promissory note and security agreement financing the consumers’ vehicle.
The U.S. Court of Appeals for the Third Circuit recently affirmed a trial court’s dismissal of a putative class action complaint alleging that the defendant debt buyer violated the federal Fair Debt Collection Practices Act (FDCPA) by trying to collect interest supposedly in excess of limits imposed under Pennsylvania law.
The Supreme Court of Arizona recently held that recording a notice of trustee's sale, by itself, is not an affirmative act that accelerates the debt. Therefore, the Court held, the foreclosure at issue in the notice of trustee's sale in this case was not time-barred.
The U.S. Court of Appeals for the Third Circuit recently overturned a $3.7 million attorney fee award in a class action settlement.
The U.S. Court of Appeals for the Third Circuit recently confirmed that parties may contractually delegate questions of arbitrability to the arbitrator and reversed a District Court’s order denying a debt buyer's motion to compel arbitration when there was a question about the validity of assignment of the underlying contract.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s certification and approval of a class settlement involving claims by student loan borrowers against their loan servicer.
The U.S. Court of Appeals for the Third Circuit recently held that, because the home seller in an installment sale contract received a judgment of possession before the buyer filed for bankruptcy, the home was not part of the buyer’s bankruptcy estate.
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
8th Cir. Distinguishes ‘Article III’ and ‘Statutory’ Standing in FDCPA ‘Third Party Disclosure’ Case
The U.S. Court of Appeals for the Eighth Circuit recently affirmed the judgment of a trial court and held that non-consumers cannot bring a claim under Section 1692c(b) of the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the Eleventh Circuit recently held that, consistent with rulings as to an identical New York law, the one-year period to make a demand for a refund of a fraudulent wire transfer under Florida Statutes § 670.202 may be not modified by contract.
The U.S. District Court for the District of Massachusetts recently denied a motion to dismiss FDCPA and Mass. Gen. Law. Ch. 93 and 93A claims, holding that a constable qualifies as a “debt collector” under the Fair Debt Collection Practices Act and a “creditor” under Mass. Gen. Laws ch. 93.