Search for: "Jeffrey Karek"
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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]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… 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]
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]
4 Aug 2018, 5:39 am
Court of Appeals for the Sixth Circuit recently held that a debtor’s claim seeking to use a bankruptcy trustee’s § 544(a) strong-arm power to avoid a mortgage on the ground that it was never perfected did not require appellate review of the state… 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]
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]
5 Nov 2019, 7:52 am
The Court of Appeal of the State of California, First Appellate District, recently held that a forum selection clause in favor of a New York forum was unenforceable where the clause included a predispute jury trial waiver, which is unenforceable under California law but which… Jeffrey Karek [read post]
17 Jul 2019, 8:00 am
Court of Appeals for the District of Columbia Circuit held that where a company provided a consumer with a receipt that displayed her entire 16-digit credit card number and credit card expiration date in violation of the federal Fair and Accurate Credit Transactions… Jeffrey Karek [read post]
20 Jun 2018, 6:01 am
Court of Appeals for the Ninth Circuit recently held that a plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act (FCRA) where there were no specific factual allegations plausibly tying the inclusion of her debit… Jeffrey Karek [read post]
27 Sep 2017, 7:31 am
The Illinois Appellate Court for the First District recently held that the trial court correctly affirmed a judicial sale and denied a motion to reconsider where an intervenor and alleged owner of the property claimed the mortgage was wiped out by the death of the sole mortgagor, who was only a joint tenant in the Read more → Jeffrey Karek [read post]
3 Dec 2019, 8:02 am
However, the seller was required to… Jeffrey Karek [read post]
26 Sep 2018, 5:09 am
Accordingly,… Jeffrey Karek [read post]
6 Jul 2017, 7:53 am
Court of Appeals for the Second Circuit recently joined the Seventh Circuit in holding that printing a credit card expiration date on an otherwise properly redacted receipt does not constitute an injury in fact sufficient to establish Article III standing to bring a claim alleging a bare procedural violation of the federal Fair […] Jeffrey Karek [read post]
29 Apr 2019, 8:30 am
Accordingly, the contrary ruling of… Jeffrey Karek [read post]
22 Jul 2019, 9:27 am
In determining the legal standard for holding a creditor in civil contempt for attempting to collect a debt in violation of a bankruptcy discharge order, the Supreme Court of the United States adopted an “objectively reasonable” standard, and held that a court may hold a… Jeffrey Karek [read post]
5 Jul 2018, 8:15 am
American Express… Jeffrey Karek [read post]
5 Oct 2018, 7:22 am
… Jeffrey Karek [read post]
5 Jun 2019, 7:22 am
Circuit held recently that plaintiffs failed to offer sufficient evidence to create a genuine dispute of fact as to their accounting and fraudulent concealment claims against a bank based on the disappearance of funds from a savings… Jeffrey Karek [read post]
