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Homeowner loses foreclosure fight and bank is awarded attorney's fees, but they are added to the debt under the note, to be paid from the proceeds of the sale
29 Jul 2017, 9:56 am by Wolfgang Demino
HSBC BANK USA, N.A. v CRUM No. 3:14-CV-3522-B USDC Tex. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Foreclosure: Accrual of right to foreclose, applicable statute of limitations, and tolling
28 Jul 2017, 8:03 am by Wolfgang Demino
Bank of Am., N.A. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Rule 11 Agreement under TRCP enforceable in federal court in removal case
19 Jul 2017, 3:00 pm by WOLFGANG DEMINO
 WILFRED OMOLOH and KATHLEEN OMOLOH, Plaintiffs,v.BANK OF AMERICA, N.A., Defendant.Civil Action No. 4:17-cv-00160-O-BP.United States District Court, N.D. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Texas counterpart to FDCPA is broader and includes foreclosure activity within debt collection subject to the TDCA
17 Jul 2017, 11:33 pm by WOLFGANG DEMINO
Wells Fargo Bank, N.A. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Fifth Circuit rules against homeowners, holding home loan modification agreement was not enforceable under the Texas statute of frauds
16 Jul 2017, 4:22 pm by WOLFGANG DEMINO
Summary judgment is proper if there is no genuine dispute regarding any material fact and the movant is entitled to judgment as a matter of law. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
Gregory v BANA - Homeowners win appeal in suit against Bank of America over shoddy home equity loan foreclosure process
12 Jul 2017, 12:38 pm by WOLFGANG DEMINO
GREGORY Jr. and Marcia Gregory, Appellants,v.BANK OF AMERICA, N.A. and Jesse R. [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
National Collegiate Student Loan Trust in Court: Texas appeals court finds proof of ownership in securitized private student loans insufficient to prove collection cases against students and cosigners
11 Jul 2017, 5:40 pm by WOLFGANG DEMINO
THE LOANOn May 1, 2002, Bank One, N.A. entered into a loan-purchase agreement with The First Marblehead Corporation (First Marblehead) "for loans that were originated under Bank One's . . . [read post]
Texas Debt Suit Defense 101 - http://debt-suit-litigation-in-texas.blogspot.com
On final day, high court decides statute of repose issue, will hear whistleblower case
27 Jun 2017, 5:34 am by John Jascob
JPMorgan Chase Bank, N.A., the petitioner asks the court to address when a party is properly held to be "alleging" a "misrepresentation or omission of a material fact" within the meaning of 15 U.S.C. [read post]
Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/
Creditor Reporting of Late Payments During Chapter 13 Does Not Violate Automatic Stay
26 Jun 2017, 1:30 pm
Union Planters Bank, N.A. [read post]
California Bankruptcy Blog - http://www.socaladvocates.com/Bankruptcy-Blog.aspx
James Dillon v. BMO Harris Bank, N.A. (4th Circuit)
7 Jun 2017, 8:22 am
A court must first analyze whether, as a matter of law, “the choice-of-forum and choice-of-law clauses operate in tandem as a prospective waiver of a party’s right to pursue statutory remedies. [read post]
Maryland Business Law Developments - http://marylandbusinesslawdevelopments.blogspot.com/
Wrongful foreclosure claim in Texas
19 May 2017, 12:23 pm by Wolfgang Demino
Southtrust Bank Corp., N.A. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Beaumont COA Orders ExxonMobil to Arbitrate Casualty Claims Related to Refinery Fire
2 May 2017, 7:52 am by Beth Graham
” In re FirstMerit Bank, N.A., 52 S.W.3d at 755. [read post]
Disputing Blog - http://www.disputingblog.com/
Three Antitrust Petitions Pending on the High Court’s Docket
30 Apr 2017, 2:58 pm by Jeffrey May
Rabobank N.A., No. 16-1277). [read post]
AntitrustConnect Blog - http://antitrustconnect.com/
Decades-long saga ends as Bank of America agrees to pay $1 million to settle OFCCP charges of racial bias in hiring
19 Apr 2017, 4:21 am by Cynthia L. Hackerott
NationsBank merged with the Bank of America, N.A. in 1998. [read post]
WKL&B WOrkDay Blog - http://www.employmentlawdaily.com/index.php/blog
Dancing On Their Own: The California Supreme Court’s Decision in McGill v. Citibank, N.A. that Class Action Waivers Do Not Apply to Claims for Public Injunctive Relief under California’s Consumer Protection Laws
10 Apr 2017, 4:52 pm by Anna McLean and Joy O. Siu
Citibank, N.A., No. [read post]
Ad Briefs: Covering Your Ads - http://www.coveringyourads.com/
In California, The Statutory Right To Seek Public Injunctive Relief Is Unwaivable
7 Apr 2017, 4:52 pm by Limore Torbati
On April 6, 2017, in the matter Sharon McGill v. [read post]
Labor & Employment Law Blog - http://www.laboremploymentlawblog.com/
Petition of the day
17 Mar 2017, 8:23 pm by Kate Howard
Wells Fargo Bank, N.A. 16-902 Issue: Whether, where the right to foreclose is extinguished as a matter of law by federal statute (Truth in Lending Act) and a unanimous Supreme Court decision (Jesinoski v Countrywide Home Loans, Inc.), and a homeowner’s home is foreclosed upon by improper foreclosure judgment, a lender can use res judicata to bar examination of an invalid judgment that was barred by federal consumer protection law. [read post]
SCOTUSblog - http://www.scotusblog.com/
Loan Participation Agreements: Does Borrower Fraud Relieve a Participating Bank of Its Obligations?
9 Mar 2017, 10:04 am by Charles B. Jimerson, Esq.
., N.A., 919 F.2d 510, 514 (9th Cir. 1990). [read post]
Florida Business Litigation Blog - http://www.jimersoncobb.com/blog/category/florida-business-litigation/
Defending Involuntary Bankruptcies Part II: Defenses, Strategies and Remedies
2 Mar 2017, 11:33 am by Austin B. Calhoun, Esq.
., Matter of Luftek, Inc., 6 B.R. 539 (Bankr. [read post]
Florida Business Litigation Blog - http://www.jimersoncobb.com/blog/category/florida-business-litigation/
Choose Your Own Adventure: Are Florida State Law Claims for the Wrongful Filing of Involuntary Bankruptcy Preempted by 11 U.S.C. § 303(i)?
8 Feb 2017, 11:35 am by Kayla A. Haines, Esq.
N.A., 661 So. 2d 855, 864 (Fla. 4th DCA 1995). [read post]
Florida Business Litigation Blog - http://www.jimersoncobb.com/blog/category/florida-business-litigation/