The Supreme Court of Ohio recently rejected the latest in a series of appeals and other challenges by a borrower to the validity of a judgment of foreclosure entered against the borrower.
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 U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s grant of summary judgment in favor of a mortgage lender in a consumer’s action.
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.
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.
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.
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.
The U.S. Court of Appeals for the Eighth Circuit recently held that various federal Fair Credit Reporting Act claims should be dismissed for lack of Article III standing.