Search for: "Jeffrey Karek"
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8 Jul 2019, 5:35 am
The Supreme Court of New Jersey held that where a plaintiff challenges the validity of a transaction as a whole and not specifically the arbitration agreement that is included as part of a transaction, the plaintiff must arbitrate their claims because an arbitration agreement is… Jeffrey Karek [read post]
17 Oct 2019, 6:01 am
The Illinois Appellate Court, First District, recently held that an entity with only a purported equitable interest in a property was only a permissive party to a foreclosure and not a necessary party, and therefore the plaintiff mortgagee was not required to serve the entity… Jeffrey Karek [read post]
19 Nov 2018, 7:14 am
Accordingly, the… Jeffrey Karek [read post]
28 Oct 2019, 8:06 am
Accordingly, the Seventh Circuit affirmed the trial… Jeffrey Karek [read post]
3 Jul 2017, 8:32 am
Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state […] Jeffrey Karek [read post]
1 Jun 2018, 12:13 pm
Accordingly, the Ninth Circuit reversed the… Jeffrey Karek [read post]
3 Jul 2017, 8:32 am
Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state […] Jeffrey Karek [read post]
14 Sep 2018, 6:05 am
Court of Appeals for the Fifth Circuit held that a civil investigative demand (CID) issued by the Consumer Financial Protection Bureau did not adequately advise the respondent of the nature of the conduct constituting the alleged violation under investigation and the provision of… Jeffrey Karek [read post]
29 Mar 2019, 6:49 am
Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies section 1692g of the federal Fair Debt Collection Practices Act (FDCPA) notwithstanding its failure to… Jeffrey Karek [read post]
3 Dec 2019, 8:02 am
However, the seller was required to… Jeffrey Karek [read post]
28 Jul 2017, 7:14 am
A […] Jeffrey Karek [read post]
29 Apr 2019, 8:30 am
Accordingly, the contrary ruling of… Jeffrey Karek [read post]
22 Nov 2017, 6:08 am
The Appellate Court of Illinois, Second District, recently held that even though the Illinois Residential Mortgage License Act (“IRMLA”) was applicable to a lender that only made one loan in Illinois, an amendment to the IRMLA provided an exception to the law of the case doctrine and under the amendment the mortgage was not void Read more → Jeffrey Karek [read post]
23 May 2019, 5:52 am
Accordingly, the Texas… Jeffrey Karek [read post]
12 Nov 2018, 6:27 am
Court of Appeals for the Seventh Circuit held that a defendant waived its right to arbitrate due to its “gratuitous delay” in seeking arbitration, where it waited 13 months after the filing of the lawsuit before moving to compel arbitration, and that any… Jeffrey Karek [read post]
25 Jan 2019, 4:25 am
Court of Appeals for the Fifth Circuit held that ambiguity in the deed of trust regarding the lender’s right to pay real estate taxes and establish an escrow account precluded entry of summary judgment in favor of the loan servicer on the borrower’s… Jeffrey Karek [read post]
23 Apr 2019, 8:24 am
Lee, and that “when a trustee… Jeffrey Karek [read post]
19 Aug 2019, 7:51 am
Court of Appeals for the Ninth Circuit recently held that class plaintiffs alleged a concrete and particularized harm sufficient to confer Article III standing where the defendant company’s alleged collection, use, and storage of the plaintiffs’ biometric information was the substantive harm targeted… Jeffrey Karek [read post]
22 Oct 2018, 7:02 am
Court of Appeals for the Ninth Circuit held that the trial court erred in awarding $8.7 million in attorneys’ fees in a class action settlement because it did not treat $20 credits issued as part of the settlement as “coupons” under the Class… Jeffrey Karek [read post]
5 Jul 2018, 8:15 am
American Express… Jeffrey Karek [read post]
