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Illinois App. Court (3rd Dist) Holds Factual Disputes About Mistakenly Released Mortgage Precluded Summary Judgment

The Appellate Court of Illinois, Third District recently reversed entry of summary judgment and subsequent post-foreclosure orders in favor of a mortgagee, after challenges by a non-borrower mortgagor concerning the mortgagee’s standing and existing obligations under the loan resulting from a “certificate of error” recorded by the original lender’s nominee to rescind and disavow a purportedly mistakenly-recorded release of the mortgage.

7th Cir. Holds No FDCPA Violation When Amount of Debt Was Disputed, and Letters Were Sent to Debtors’ Counsel

The U.S. Court of Appeals for the Seventh Circuit recently held that a debt collection verification letter, which sought to collect interest on a credit card debt for months after the time when the bank that issued the card did not send monthly statements, was not "false" and would not have misled their attorney in violation of the federal Fair Debt Collection Practices Act (FDCPA).

Three of New York City’s New Language Access Rules for Debt Collection Can Apply to Creditors

On June 27, the City of New York’s new rules aimed at language access in debt collection become effective. I am often asked whether they apply to creditors as well. It appears that particular provisions of the new rules do cover creditors collecting their own debt.

Calif. App. Court (4th Dist) Allows CCRAA Plaintiff to Inquire Into Acceptance Rates of ‘Firm Offer of Credit’ Campaigns

The Court of Appeal for the State of California, Fourth Appellate District, recently held that a trial court improperly denied a consumer’s motion to compel an answer to the consumer's special interrogatory, as the interrogatory was relevant to create a reasonable inference which would have defeated a lender’s motion for summary judgment.