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6 Jul 2017, 7:53 am by Jeffrey Karek
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]
3 Jul 2017, 8:32 am by Jeffrey Karek
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]
3 Jul 2017, 8:32 am by Jeffrey Karek
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]
26 Apr 2017, 6:34 am by Jeffrey Karek
Therefore, the Court held, the debt collectors’ dunning letters demanding the principal sums owed and 5 percent per annum interest did not violate the federal […] Jeffrey Karek [read post]
6 Apr 2017, 7:22 am by Jeffrey Karek
Reversing a trial court’s ruling in favor of a condominium association and against a mortgagee, the Appellate Court of Illinois, First District, recently held that the Illinois Condominium Property Act’s (“Condo Act”) provision creating a mechanism to extinguish liens for pre-foreclosure common expense assessments does not create a timing requirement as to when common expense […] Jeffrey Karek [read post]
13 Mar 2017, 6:57 am by Jeffrey Karek
Accordingly, the Eleventh Circuit affirmed the federal trial court’s denial of the plaintiffs’ motion to remand the matter to […] Jeffrey Karek [read post]