Archive for April 2016

Fla. App. Court Confirms Admissibility of Prior Servicer’s Records, Substantial Compliance as to Notice of Default

The District Court of Appeal of the State of Florida, Fifth District, recently affirmed a final judgment of foreclosure in favor of a mortgagee, holding that: a) the trial court did not abuse its discretion in determining that the bank’s witness was competent to testify about and in admitting the prior servicer’s loan history records

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N.C. Fed. Court Rejects Defendant’s TCPA Arguments as to ‘Revocation of Consent,’ ‘ATDS’

The U.S. District Court for the Eastern District of North Carolina recently rejected a defendant’s arguments that its contract with the plaintiff did not allow revocation of prior express consent under the federal Telephone Consumer Protection Act (TCPA), and that the defendant’s telephone communication system was not an “automatic telephone dialing system” under the TCPA.

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6th Cir. Holds Residential Loan Underwriters Not Entitled to Overtime Pay Under FLSA

The U.S. Court of Appeals for the Sixth Circuit recently held that residential mortgage loan underwriters are not entitled to overtime pay because their job duties related to general business operations of the bank, and they performed those duties exercising discretion and independent judgment. A copy of the opinion in Lutz v. Huntington Bancshares, Inc., et

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Consumer Financial Services Conference Slated for Sept. 15-16 in Chicago

The Annual Consumer Financial Services Conference organized by The Conference on Consumer Finance Law will be held Sept. 15-16 at Loyola University Chicago School of Law. The conference will include presentations on the latest developments in consumer financial services law, including mortgage lending and servicing, bankruptcy and debt collection. Twelve CLE credits will be provided,

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CFPB Reopens Comment Period on ‘Periodic Statements in Bankruptcy’ Mortgage Servicing Amendments

The Consumer Financial Protection Bureau (CFPB) recently reopened the comment period for its proposed amendments to the mortgage servicing related rules under RESPA and TILA that generally would require servicers to provide modified periodic statements to consumers who have filed for bankruptcy. The full announcement is available at:  Link to Announcement. As you may recall,

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DC Fed. Court Holds CFPB Exceeded Its Statutory Authority in Issuing CID

The U.S. District Court for the District of Columbia recently denied a petition by the Consumer Financial Protection Bureau (CFPB) to enforce a Civil Investigative Demand (CID) issued to an accreditor of for-profit colleges, holding that the CFPB did not have statutory authority to issue the CID. A copy of the opinion in Consumer Financial Protection

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SDNY Allows Defendant’s Offer of Full Relief to Moot TCPA Action

In a putative class action for alleged violation of the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq.,  and notwithstanding the recent ruling by the Supreme Court of the United States in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the U.S. District Court for the Southern District of New

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9th Cir. Rejects Challenge to CFPB Enforcement Authority

In a split decision, the U.S. Court of Appeals for the Ninth Circuit recently affirmed, in part, summary judgment in favor of the Consumer Financial Protection Bureau (CFPB) in an enforcement action against a law firm operating as a loan modification company. In so ruling, the Court rejected the attorney loan modification company’s argument that

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8th Cir. Declines to Apply Rooker-Feldman to Preclude FDCPA Action Based on State Court Lawsuit

In a federal Fair Debt Collection Practices Act (FDCPA) lawsuit, the U.S. Court of Appeals for the Eighth Circuit recently held that the Rooker-Feldman doctrine does not apply where the complained of conduct was not the underlying judgment but rather events that occurred during the state court litigation. A copy of the opinion in Hageman v.

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5th Cir. Holds No Waiver by Accepting Payments After Default but Before Acceleration

The U.S. Court of Appeals for the Fifth Circuit recently held that a mortgagee did not waive or abandon its right to foreclose by accepting payments after a default by the borrower, but before acceleration, when no representations were made to the borrower that payments less than the full obligation would bring the loan current.

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Maryland Court Holds No Time Limit to Attack a Judgment as ‘Void’

A judgment debtor’s lawsuit requesting the court declare a judgment as “void” is not subject to any limitations period, under a decision from Maryland’s Court of Special Appeals. However, claims arising from the “void” judgment may be subject to Maryland statutes of limitations according to the decision in Jason v. National Loan Recoveries, LLC, available

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Maurice Wutscher Opens Birmingham Office, Adds Attorney Brent Yarborough

National financial services law firm Maurice Wutscher LLP has opened a new office in Birmingham, hiring financial services attorney Brent Yarborough to lead the firm’s Alabama litigation matters. Yarborough will practice in the firm’s Appellate, Commercial Litigation, Consumer Credit Litigation and Regulatory Compliance groups. He joins Maurice Wutscher’s skilled team of litigators who specialize in

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