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Posts published by “Ralph T. Wutscher”

Ralph Wutscher's practice focuses primarily on representing 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. He represents the lending and financial services industry as a litigator, and as regulatory compliance counsel. For more information, see

7th Cir. Upholds Rejection of Borrower’s FCRA and FDCPA Claims Arising from Collection and Reporting Post-Bankruptcy

The U.S. Court of Appeals for the Seventh Circuit recently upheld a trial court's rejection of a borrower's allegations that a mortgagee and its servicer violated the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act by allegedly inaccurately reporting her loan as delinquent following the borrower's successful completion of her bankruptcy plan, allegedly rejecting her subsequent monthly payments, and filing a foreclosure action based on the supposed post-bankruptcy defaults.

11th Cir. Holds Anti-Modification Provision in Bankruptcy Code Applies to Mixed-Use Real Properties

The U.S. Court of Appeals for the Eleventh Circuit recently held that the anti-modification provision in the federal Bankruptcy Code applies to loans secured by mixed-use real properties, such as the large parcel at issue here which functioned both for commercial use and as the debtor's principal residence.

3rd Cir. Rules Securitization Trusts May Be Subject to CFPB, Action Not Time-Barred

In a case involving the federal Consumer Financial Protection Bureau and a group of asset securitization trusts, the U.S. Court of Appeals for the Third Circuit recently held that the defendant trusts were "covered persons" under the federal Consumer Financial Protection Act (CFPA), and rejected the defendant trusts’ arguments that the CFPB failed to ratify its action before the statute of limitations had run.

Texas Supreme Court Holds Foreclosure Statute of Limitation Reset by Rescission Sent With Reacceleration Notice

The Supreme Court of Texas recently held that, when a lender or loan servicer rescinds its acceleration of a loan in compliance with Texas Civil Practice and Remedies Code Section 16.038, the rescission resets the statute of limitation even if it is combined with a notice of reacceleration.

11th Cir. Holds 1-Year Period for Disputing Wire Transfers Cannot Be Modified by Contract  

The U.S. Court of Appeals for the Eleventh Circuit recently held that, consistent with rulings as to an identical New York law, the one-year period to make a demand for a refund of a fraudulent wire transfer under Florida Statutes § 670.202 may be not modified by contract.

Massachusetts SJC Limits MPHLPA and 93A Counterclaims in Eviction Proceedings

In an appeal attracting amicus briefs from the AARP, the National Consumer Law Center, the Massachusetts Attorney General, and others, the Massachusetts Supreme Judicial Court, the state’s highest court, recently reversed in part and affirmed in part a trial court's grant of summary judgment in favor of a mortgagee on counterclaims brought by the borrowers in summary process eviction proceedings following a non-judicial foreclosure.

11th Cir. Vacates $35 Million TCPA Class Settlement on Article III Standing Grounds

In an appeal of a $35 million federal Telephone Consumer Protection Act class action settlement initially involving a dispute over coupon settlements, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the trial court's approval of the class action settlement due to Article III standing problems with the settlement class.

9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings

The U.S. Circuit Court of Appeals for the Ninth Circuit recently reversed a trial court's denial of a motion to compel arbitration under the Federal Arbitration Act (FAA) in a putative class action involving privacy and data-collection practices laws.

Maryland High Court Holds Property Inspection Fees Limited for Mortgage Lenders, Servicers, Assignees

The Maryland Court of Appeals – the state’s highest court – recently reversed a trial court’s dismissal of a putative class action alleging that a mortgage servicer and loan owner violated the Maryland Usury Law and Maryland Consumer Debt Collection Act by charging property inspection fees in connection with residential mortgage loans.