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6 Jun 2016, 6:01 am by Coleman Braun
Additionally, the Court held that the borrowers failed to state a plausible claim for […]Coleman Braun [read post]
8 Sep 2017, 7:06 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a putative class action complaint alleging various causes of action relating to the cybertheft of personally identifiable information, based in part on the plaintiffs failure to adequately allege any damages caused by the data breach or how the defendant breached the […] Coleman Braun [read post]
25 Feb 2016, 8:07 am by Coleman Braun
The Supreme Court of Tennessee recently affirmed judgment on the pleadings in favor of a tax sale purchaser, holding that although a party challenging the validity of a tax sale for lack of notice does not have to tender the amount owed before filing suit under the Tennessee tax sale statute, MERS had no protected […]Coleman Braun [read post]
5 Sep 2017, 6:33 am by Coleman Braun
Court of Appeal for the Eighth Circuit recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a […] Coleman Braun [read post]
6 Jun 2018, 7:16 am by Coleman Braun
The Supreme Court of Wisconsin recently held that claim preclusion does not bar a mortgagee from proceeding with a foreclosure complaint despite a prior litigation which resulted in a dismissal with prejudice if the subsequent litigation is based upon a default and acceleration which occurred after… Coleman Braun [read post]
18 Jul 2018, 12:37 pm by Coleman Braun
The issue of whether an alleged violation… Coleman Braun [read post]
11 Jul 2016, 5:34 am by Coleman Braun
Here, the Court held that a Wisconsin judgment of foreclosure was not final and appealable when obtained […]Coleman Braun [read post]
20 Jul 2016, 6:51 am by Coleman Braun
The Appellate Court of Illinois, Second District, recently held that when a mortgagee obtains a deficiency judgment in a foreclosure action, purchases the property at a judicial sale, and then resells it to a third party for an amount that exceeds the price paid at the judicial sale, the debtor is not entitled to a […]Coleman Braun [read post]
24 Aug 2015, 10:40 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a class action by Missouri borrowers alleging that various assignees and purchasers of second mortgages charged or collected illegal fees in violation of the Missouri Second Mortgage Loan Act (MSMLA), holding that plaintiff borrowers lacked standing to sue the defendants who […] Coleman Braun [read post]
1 May 2017, 6:55 am by Coleman Braun
The Appellate Court of Illinois, First District, recently held that the provisions of the Illinois mortgage foreclosure statute barred the borrowers from filing a post-judgment petition to vacate the entry of a personal deficiency judgment in a foreclosure action, because the borrowers’ petition was not based upon the lack of personal jurisdiction and the borrowers’ […] Coleman Braun [read post]
7 Jun 2016, 9:10 am by Coleman Braun
Court of Appeals for the Eighth Circuit recently held that a bank was entitled to recover its cybertheft losses under its financial institution bond, despite its employee’s violation of the bank’s internal policies and procedures, and despite the bank’s failure to update its antivirus software, holding that Minnesota’s “concurrent causation” doctrine applies to […]Coleman Braun [read post]