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8th Cir. Holds Civil Procedure Rules Could Not Extend Minnesota Foreclosure Deadlines

Answering a certified question from the U.S. Court of Appeals for the Eighth Circuit, the Minnesota Supreme Court recently held that a rule of civil procedure cannot be used to modify deadlines in the state’s foreclosure statute. In so ruling, the Minnesota Supreme Court concluded that…

8th Cir. BAP Rules No Bankruptcy Jurisdiction Over Third-Party Challenge to Validity of Mortgage

The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently applied the “conceivable effect” test in holding that a bankruptcy court lacked jurisdiction over a state law fraud claim raised by a third party regarding the validity of a lender’s lien, and therefore, declined to…

7th Cir. Holds Pl’s Recovery of Less Than Pre-Trial Settlement Offers Does Not Justify Denying Atty Fees

The U.S. Court of Appeals for the Seventh Circuit recently held that a trial court abused its discretion in denying attorney’s fees to a prevailing plaintiff despite the plaintiff’s failure to recover an award which exceeded the pre-trial settlement offers. A copy of the opinion…

Ohio Debt Collection Law Firm Files Findings of Fact, Conclusions of Law in Response to CFPB Action

In a follow up to an advisory jury’s verdict, finding that a law firm’s pre-suit collection letters contained “false, deceptive, or misleading representations or means in connection with the collection of a debt” while rejecting a claim that the firm’s attorneys were not meaningfully involved…

6th Cir. Rejects Account Overdraft Claims

The U.S. Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the…

Fla. Supreme Court Holds Lenders May Pursue Separate Deficiency Action After Foreclosure

The Florida Supreme Court recently resolved a conflict among the state appellate courts. At issue in the case was whether section 702.06, Florida Statutes (2014) permitted lenders to pursue a deficiency claim as a separate action at law even though the foreclosure court had reserved…

To the U.S. Supreme Court: Does the FDCPA Apply to Non-Judicial Foreclosure Proceedings?

On June 28, the U.S. Supreme Court granted a Petition for a Writ of Certiorari in Obduskey v. McCarthy & Holthus LLP that presents the question “whether the FDCPA applies to non-judicial foreclosure proceedings.” The borrower in the underlying case defaulted on his home loan…