Search for: "Ernest Wagner"
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29 Oct 2019, 1:26 pm
Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest Wagner [read post]
10 Dec 2018, 9:32 am
Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of a borrower’s complaint, not for all alleged claims… Ernest Wagner [read post]
27 Apr 2020, 7:16 am
Ernest Wagner [read post]
29 Aug 2019, 6:14 am
Court of Appeals for the Ninth Circuit recently reversed a trial court order remanding a case to state court for lack of jurisdiction under the federal Class Action Fairness Act (CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest Wagner [read post]
17 Dec 2018, 8:08 am
The Court of Appeals of California, Fourth District, recently affirmed summary judgment awarded in favor of the mortgage servicer and loan owner defendants on the borrowers’ claims for alleged violations of the California Homeowner Bill of Rights (HBOR), finding that the defendants properly contacted the… Ernest Wagner [read post]
11 Nov 2019, 8:16 am
In so ruling, the Eleventh Circuit held that… Ernest Wagner [read post]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
16 Nov 2018, 6:58 am
Court of Appeals for the Second Circuit held that when a debt collector did not seek to collect fees and interest after default, its letter to a borrower that did not state whether fees and interest continued to accrue… Ernest Wagner [read post]
25 Oct 2018, 11:37 am
… Ernest Wagner [read post]
23 Aug 2021, 8:37 am
Ernest Wagner [read post]
20 Jun 2019, 7:02 am
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]
3 Oct 2017, 7:51 am
A copy of the opinion is available Read more → Ernest Wagner [read post]
6 Feb 2019, 7:47 am
Reversing a ruling by the Fourth District Court of Appeal, the Supreme Court of Florida recently held that a mortgagee’s voluntary dismissal of an appeal made the borrower the prevailing party entitled to recover appellate attorney’s fees because the mortgagee maintained its right to enforce… Ernest Wagner [read post]
6 Dec 2018, 1:29 pm
District Court for the Northern District of Illinois recently held that the defendant company did not use an automatic telephone dialing system (ATDS) because its phone system did not use a random or sequential number generator to store or produce phone numbers to… Ernest Wagner [read post]
15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
14 Nov 2018, 7:18 am
Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on… Ernest Wagner [read post]
30 Apr 2020, 9:25 am
Ernest Wagner [read post]
4 Dec 2017, 7:49 am
Accordingly, Read more → Ernest Wagner [read post]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
