The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency.
The Appellate Court of Illinois, Second District, recently affirmed a trial court’s order denying a borrower’s motions to vacate a foreclosure judgment and for leave to file an untimely answer and counterclaims, and the subsequent motion to reconsider, finding the trial court’s decision did not result in substantial injustice.
On May 10, Gov. Ned Lamont signed into law Substitute Senate Bill 6 (Public Act 22-15), Connecticut’s version of comprehensive consumer data privacy legislation. This makes Connecticut the fifth state to enact such legislation, following California, Virginia, Colorado, and Utah. The Act will go into effect July 1, 2023.
The U.S. Court of Appeals for the Sixth Circuit recently vacated a trial court's injunction granted to enforce various noncompete, non-solicitation, and confidentiality provisions in a mortgage lender's employment agreement with a loan officer.
The Court of Appeals of California, Fourth District, recently affirmed a trial court’s order requiring compliance with an investigative subpoena served by a number of county district attorneys’ offices.
A New York federal judge on April 28 temporarily enjoined three New York sheriffs from refusing to enforce judgment executions which seek to collect judgment interest “calculated with the interest rate in effect at the time the judgment was obtained.”
The Supreme Court of Illinois recently rejected two borrowers’ efforts to use a supposed defect in service of process to void a foreclosure judgment entered against them.
The U.S. Court of Appeals for the Fourth Circuit recently held that the "no fair ground of doubt" standard established by the Supreme Court of the United States in Taggart v. Lorenzen, a case involving alleged violation of a Chapter 7 discharge order, governed civil contempt proceedings for violation of a confirmed reorganization plan under Chapter 11.
The U.S. Court of Appeals for the First Circuit recently held that the federal Farm Credit Act does not require a lender to propose a restructuring plan of its own before pursuing foreclosure remedies.
Medical debt continues to dominate the headlines in 2022 and continues to be an area of significant focus for the Consumer Financial Protection Bureau.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s denial of class certification in a federal Telephone Consumer Protection Act putative class action, holding that common issues of consent did not predominate.
The Supreme Court of California recently upheld the dismissal of negligence claims brought by a borrower in relation to a mortgage servicer’s handling of the borrower’s loan modification application.