Search for: "Ernest Wagner"
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6th Cir. Rejects FDCPA Allegations of State Procedural Violations, Misrepresentations, Citing Spokeo
2 May 2017, 7:12 am
A copy of the opinion in Lyshe […] 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]
12 Jan 2018, 8:41 am
In so ruling, the Fourth DCA held that the trial court improperly relied on a Fifth Circuit case and failed to apply Florida’s judicial Read more → Ernest Wagner [read post]
21 Oct 2020, 1:10 pm
Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
27 Oct 2020, 6:45 am
Ernest Wagner [read post]
27 Mar 2017, 7:15 am
The First District also held that even if the borrowers had timely […] Ernest Wagner [read post]
13 Dec 2017, 7:53 am
Following rulings from other appellate courts in other appellate districts, Florida’s Third District Court of Appeal recently reversed a trial court’s order involuntarily dismissing a mortgagee’s foreclosure against a borrower holding that the mortgagee’s witness from its current mortgage servicer laid a sufficient foundation at trial to admit business records from a prior mortgage servicer Read more → Ernest Wagner [read post]
7 Oct 2019, 7:54 am
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order denying a motion to remand a putative class action to Arkansas state court based on the federal Class Action Fairness Act’s (CAFA) “local controversy” exception to jurisdiction because the consumer… Ernest Wagner [read post]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
10 Oct 2017, 8:27 am
The Supreme Court of Missouri recently affirmed, in part, a trial court order dismissing two debtors’ petitions attempting to assert violations of the federal Fair Debt Collection Practices Act and the Missouri Merchandising Practices Act against a hospital for failure to state a claim, holding that judgments in non-tort actions include post-judgment interest as a Read more → Ernest Wagner [read post]
16 Jun 2020, 9:15 am
Ernest Wagner [read post]
12 Feb 2021, 7:35 am
Ernest Wagner [read post]
14 Mar 2018, 1:40 pm
In so ruling, the Court held that merely printing a credit Read more → Ernest Wagner [read post]
28 Sep 2020, 7:56 am
Ernest Wagner [read post]
20 Apr 2020, 9:31 am
Ernest Wagner [read post]
7 May 2018, 7:44 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
24 Apr 2017, 8:27 am
The Appellate Court of Illinois, First District, recently reversed a summary judgment ruling in favor of a mortgagee on its post-foreclosure forcible entry and detainer claim, finding genuine disputes as to material facts where the tenant presented evidence that she was a qualified tenant under the Chicago Protecting Tenants in Foreclosed Rental Property Ordinance, and […] Ernest Wagner [read post]
