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ED NY Holds ‘Door Knocker’ Notice Did Not Violate FDCPA, But ‘Hello Letter’ May Have

The U.S. District Court for the Eastern District of New York recently granted in part and denied in part a mortgage servicer’s motion to dismiss a borrower’s claim that the servicing transfer notice supposedly violated the federal Fair Debt Collection Practices Act (FDCPA) because it allegedly did not disclose that the debt was increasing due […]
Amy Jonker

Source: Consumerfsblog – ED NY Holds ‘Door Knocker’ Notice Did Not Violate FDCPA, But ‘Hello Letter’ May Have

6th Cir. Holds Debtors Could Compel Abandonment of Home If Little Equity Available

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a bankruptcy court’s order granting the debtors’ motion to compel the trustee to abandon their home as property of the estate because it had little equity and thus little value for unsecured creditors. A copy of the opinion in Richard Jahn v. Philip Craig […]
Hector E. Lora

Source: Consumerfsblog – 6th Cir. Holds Debtors Could Compel Abandonment of Home If Little Equity Available

11th Cir. Holds TCPA Allows Partial Revocation of Consent

The U.S. Court of Appeals for the Eleventh Circuit recently held the Telephone Consumer Protection Act permits a consumer to partially revoke her consent to be called by means of an automatic telephone dialing system (“ATDS”), and thereby only receive calls at certain times of the day or on certain days. Accordingly, the Eleventh Circuit […]
Jeffrey Karek

Source: Consumerfsblog – 11th Cir. Holds TCPA Allows Partial Revocation of Consent

Illinois App. Court (3rd Dist) Holds Third Refiled Foreclosure Not Barred

The Appellate Court of Illinois, Third District, recently rejected a mortgagor’s argument that the Illinois single refiling rule barred a third attempt at foreclosure where the intervening foreclosure complaint was premised upon an alleged default under a loan modification agreement. A copy of the opinion in Wells Fargo Bank, N.A. v. Norris is available at: […]
Coleman Braun

Source: Consumerfsblog – Illinois App. Court (3rd Dist) Holds Third Refiled Foreclosure Not Barred

5th Cir. Holds Mortgage Fraud Debts Not Dischargeable

The U.S. Court of Appeals for the Fifth Circuit recently held that debts arising from a scheme to deprive mortgagees of surplus foreclosure sale proceeds were non-dischargeable, affirming the bankruptcy court’s judgment against the debtor in consolidated adversary proceedings filed by various lenders that held first mortgage liens. A copy of the opinion in Cowin […]
Hector E. Lora

Source: Consumerfsblog – 5th Cir. Holds Mortgage Fraud Debts Not Dischargeable

6th Cir. Upholds Denial of Class Certification in TCPA ‘Junk Fax’ Case

The U.S. Court of Appeals for the Sixth Circuit recently held that a class could not be certified because the defendant’s alleged liability under the federal Telephone Consumer Protection Act (TCPA) for sending a “junk fax” without an opt-out notice required determination of two individualized issues, which rendered class certification impracticable. In so ruling, the […]
Eric Tsai

Source: Consumerfsblog – 6th Cir. Upholds Denial of Class Certification in TCPA ‘Junk Fax’ Case

6th Cir. Rejects Municipality’s ‘Public Nuisance’ Claims Against Mortgage Lender

The U.S. Court of Appeal for the Sixth Circuit recently affirmed the dismissal of a municipality’s public nuisance claims against two different mortgage lenders for allegedly maintaining a policy of violating local and state building codes if the costs outweighed the value added to the eventual resale of foreclosed property. A copy of the opinion […]
Coleman Braun

Source: Consumerfsblog – 6th Cir. Rejects Municipality’s ‘Public Nuisance’ Claims Against Mortgage Lender

6th Cir. Questions Bank’s Contractual Limit on Liability for Fraudulent Checks

The U.S. Court of Appeals for the Sixth Circuit recently reversed the dismissal of a class action lawsuit filed by a bank account holder who asserted that the bank violated the Uniform Commercial Code 4-401 and 4-103(a), dealing with liability for fraudulent checks. The account holder experienced check fraud and the bank refused liability because […]
Amy Jonker

Source: Consumerfsblog – 6th Cir. Questions Bank’s Contractual Limit on Liability for Fraudulent Checks

Fla. App. Court (1st DCA) Holds Third-Refiled Foreclosure Action Not Barred by Res Judicata or SOL

The District Court of Appeal of the State of Florida, First District, recently affirmed the trial court’s entry of a final judgment of foreclosure, holding that because the complaint included at least some installment payments within five years of the filing of the complaint, the action was not barred by res judicata or the statute […]
Hector E. Lora

Source: Consumerfsblog – Fla. App. Court (1st DCA) Holds Third-Refiled Foreclosure Action Not Barred by Res Judicata or SOL

9th Cir. Rules Mortgage Underwriters Not Exempt Under FLSA

The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters were not exempt under the federal Fair Labor Standards Act (FLSA) and were therefore entitled to overtime compensation for hours worked in excess of 40 per week. After analyzing the specific details of the underwriters’ responsibilities, the Ninth Circuit panel concluded […]
Mickey J. Lee

Source: Consumerfsblog – 9th Cir. Rules Mortgage Underwriters Not Exempt Under FLSA