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Posts published by “Ryan Grotz”

Ryan Grotz practices in Maurice Wutscher's Commercial Litigation, Consumer Credit Litigation, and Appellate groups. He has substantial experience in all phases of commercial litigation, including motion practice, written discovery, depositions, mediations, and bench and jury trials. Ryan received his Juris Doctor from the Chicago-Kent College of Law, where he was an associate editor on the Access to Justice Student Editorial Board. He was awarded his Bachelor of Business Administration degree from the University of Iowa. Ryan is licensed to practice law in Illinois and the U.S. District Court for the Northern District of Illinois. For more information, see https://mauricewutscher.com/attorneys/ryan-grotz/

8th Cir. BAP Holds Owners of Debtor Estopped from Contradicting Debtor’s Bankruptcy Filings

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently held managing members of a limited liability company that filed a Chapter 11 bankruptcy were equitably estopped from asserting ownership of equipment where the members previously verified documents in the bankruptcy showing ownership of the equipment by the company.

Texas Supreme Court Holds Subrogation Available for Mortgagee That Fails to Cure Constitutional Defect

Answering a question certified to it by the U.S. Court of Appeals for the Fifth Circuit, the Supreme Court of Texas recently held that a lender is entitled to equitable subrogation where it failed to correct a curable constitutional defect in the loan documents under Tex. Const. art. XVI, 50.

Illinois App. Court (2nd Dist) Holds Bona Fide Foreclosure Sale Not Voided by Latent Defect in Service of Process

The Appellate Court of Illinois, Second District, recently held that improper service that does not affirmatively appear on the face of the record will not allow a former homeowner to void a foreclosure judgment against the bona fide purchasers of the property.

5th Cir. Holds False Claims Act FHA Claims Not Covered by Professional Liability Insurance

The U.S. Court of Appeals for the Fifth Circuit recently held that the U.S. Department of Housing and Urban Development is not a direct endorsement lender's “client” because HUD did not pay the lender for its services, and therefore HUD was not covered by the direct endorsement lender's professional liability insurance.

Indiana Supreme Court Explains 3 Options Available to Mortgagees as to Statutes of Limitations

The Indiana Supreme Court recently held that there are important legal differences between closed-end installment contracts (such as ordinary mortgage loans) and open-end accounts (such as HELOCs) when considering statute of limitations, and there is no need to impose a rule of reasonableness when a lender sues for payment on a closed-end installment contract.

9th Cir. Rejects Spokeo ‘Standing’ Objection to Nationwide Privacy Class Settlement

The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.