Search for: "Ernest Wagner"
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3 Oct 2017, 7:51 am
A copy of the opinion is available Read more → 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]
1 May 2019, 8:11 am
Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
22 Aug 2017, 4:59 am
Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the servicer had no duty to respond to a Qualified Written Request (“QWR”) under the federal Real Estate Settlement Procedures Act (RESPA) because the borrower failed to send the QWR to the […] 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]
22 Aug 2018, 9:14 am
Court of Appeals for the Eighth Circuit held that a plaintiff lacked standing to pursue an alleged violation of the Telephone Consumer Protection Act (TCPA) against a defendant that supposedly did not provide a proper opt-out notice in its advertisement faxes because the… Ernest Wagner [read post]
10 May 2019, 10:30 am
The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of… 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]
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]
11 Sep 2019, 5:59 am
Court of Appeals for the Seventh Circuit recently ruled in favor of a bank suing to recover for a fraudulent loan scheme, finding that the Illinois Limited Liability Company Act did not shield the closing agent company’s owner from liability in a fraud… Ernest Wagner [read post]
16 Apr 2019, 7:19 am
Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement Procedure Act (RESPA) requirements regarding loss mitigation applications once when the servicer had already provided the same reasons for the… Ernest Wagner [read post]
15 Jan 2019, 8:10 am
In so ruling, the Supreme Court… Ernest Wagner [read post]
11 Nov 2019, 8:16 am
In so ruling, the Eleventh Circuit held that… 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]
2 Aug 2019, 9:08 am
Court of Appeals for the Seventh Circuit recently held that a blind plaintiff lacked standing to sue under the Americans with Disabilities Act (ADA) for alleged accessibility problems with a credit union’s website because he could not establish an injury in fact as… Ernest Wagner [read post]
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]
7 Jan 2019, 8:41 am
A copy of the… Ernest Wagner [read post]
26 Apr 2018, 6:46 am
In doing so, the Eighth Circuit affirmed the trial court’s order granting judgment in favor of a debt Read more → Ernest Wagner [read post]
