The California Court of Appeal, Fourth Appellate District, recently held that a trial court erred in ruling that several borrowers' claims were precluded by a prior unlawful detainer judgment entered against them following the foreclosure sale of their home.
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit vacated the bankruptcy court's order confirming a farm debtor's chapter 12 plan, concluding that the bankruptcy court erred by failing to hold an evidentiary hearing to determine the value of a bank's collateral where the collateral was disputed. The Panel also concluded that the bank needed to file a proof of claim.
Scolding plaintiff’s attorneys who “manipulate” the FDCPA for their own personal gain, U.S. District Judge Gary R. Brown on July 23 issued an opinion in a consolidated matter dismissing multiple complaints alleging debt collectors violated the FDCPA by transmitting consumer information to lender vendors engaged to print or send dunning letters.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed judgments entered in separate cases consolidated on appeal in favor of several credit reporting agencies rejecting consumers’ claims of violations of the federal Fair Credit Reporting Act (FCRA).
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower's bankruptcy, and against a mortgagee whose interest in the foreclosed property would have been extinguished.
The U.S. Court of Appeals for the Eighth Circuit recently affirmed entry of summary judgment in favor of a mortgage servicer against a borrower’s claims that it violated the federal Fair Debt Collection Practices Act (FDCPA).
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision to remand a removed action to state court under the local-controversy exception to the federal Class Action Fairness Act of 2005 (CAFA).
The last year and a half was a time to be remembered in bankruptcy law. It started with an eye on increasing the ability of small businesses to utilize the Chapter 11 process in a more efficient and less expensive way, which led to a record number of commercial filings, a reduction in consumer filings, and a test of the bankruptcy system. What will the second half of 2021 look like?
The Supreme Court of Illinois recently reversed a trial court order in a case filed outside of Cook County denying a Cook County borrower’s petition challenging a foreclosure judgment as void for lack of jurisdiction, finding that a licensed or registered private detective may not serve process in counties with a population of two million or more – such as Cook County -- without special appointment under 735 ILCS 5/2-202.
The California Court of Appeals for the Fifth Appellate District recently reversed a trial court's ruling under the California Code of Civil Procedure section 473 to set aside a default and a judgment quieting title against a mortgagee that had foreclosed and acquired title to the subject property.
On July 6, Colorado Gov. Jared Polis signed into law Senate Bill 21-190, the Colorado Privacy Act. This makes Colorado the third state, behind California and Virginia, to enact comprehensive consumer data privacy legislation. The act becomes effective July 1, 2023.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court's ruling to stay federal court proceedings brought by a litigious borrower, noting their practical identity to a pending state contested foreclosure action involving the same parties.