The Appellate Court of Illinois, Second District, recently affirmed a trial court's rulings (1) granting summary judgment in favor of the mortgagee, (2) approving a judicial sale, and (3) denying the borrower's motion to reconsider.
Posts published by “Maurice Wutscher LLP”
The attorneys of Maurice Wutscher are seasoned business lawyers with substantial experience in business law, financial services litigation and regulatory compliance. They represent consumer and commercial financial services companies, including depository and non-depository mortgage lenders and servicers, as well as mortgage loan investors, financial asset buyers and sellers, loss mitigation companies, third-party debt collectors, and other financial services providers. They have defended scores of putative class actions, have substantial experience in federal appellate court litigation and bring substantial trial and complex bankruptcy experience. They are leaders and influencers in their highly specialized area of law. They serve in leadership positions in industry associations and regularly publish and speak before national audiences.
The Supreme Court of Florida recently held that a mortgage and note must be read together, and in the event of a conflict, the note prevails, quashing the decision of the Third District Court of Appeal because it conflicted with the Court’s established precedent.
The U.S. Court of Appeals for the Sixth Circuit recently held that 11 U.S.C. § 1307(b) requires a bankruptcy court to dismiss a Chapter 13 bankruptcy petition upon a debtor’s request, even if the debtor filed his or her petition in bad faith.
8th Cir. Holds Defendants May Simultaneously Move to Strike Class Allegations and Compel Arbitration
8th Cir. Holds Defendants May Simultaneously Move to Strike Class Allegations and Compel Arbitration
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision and remanded for entry of an order striking the plaintiff's class action allegations and compelling arbitration.
The Appellate Court of Illinois, Third District, recently affirmed a foreclosure judgment rendered in favor of a mortgagee over claims by the homeowners that the action was barred by the doctrine of res judicata as a result of a prior foreclosure action wherein summary judgment was entered in the homeowners’ favor.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s denial of a motion to compel arbitration in a putative class action lawsuit under the federal Telephone Consumer Protection Act.
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s ruling that, under Florida law, a policy exclusion that barred coverage for claims arising out of an invasion of privacy also unambiguously excluded coverage for claims alleging violations of the federal Telephone Consumer Protection Act, when the complaint specifically mentioned invasions of privacy.
The U.S. Court of Appeals for the Second Circuit recently held that a collection notice that provided settlement payment options but did not state that the balance may increase due to interest and fees, did not violate the Fair Debt Collection Practices Act’s prohibition against false, deceptive, or misleading representation or means in connection with the collection of any debt.
The U.S. Court of Appeals for the Second Circuit recently affirmed summary judgment in a mortgagee’s favor against borrower claims that it failed to comply with pre-foreclosure notice and filing requirements of the New York Real Property Actions and Proceedings Law.
The Court of Appeal of the State of California, Fourth Appellate District, recently reversed in part and affirmed in part a trial court’s judgment sustaining the defendant loan servicer's and loan owner's demurrer (motion to dismiss) based on res judicata.
9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar
9th Cir. Holds Servicer Did Not Need to Produce Servicing Contract to Assert Federal Foreclosure Bar
The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court’s order of summary judgment in favor of a loan servicer on claims arising from a non-judicial foreclosure sale conducted by a homeowners association on real property located in Las Vegas, Nevada.
The Massachusetts Supreme Judicial Court recently affirmed a trial court’s judgment dismissing a relator’s claims alleging that the defendants, certain financial institutions, collectively engaged in and conspired to engage in fraud, holding that the suit was subject to the public disclosure bar of the Massachusetts False Claims Act.