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18 Jul 2018, 12:37 pm by Coleman Braun
The issue of whether an alleged violation… 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]
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]
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]
22 Jun 2017, 5:38 am by Coleman Braun
Accordingly, the Court reversed the trial court’s dismissal of the reverse mortgagee’s foreclosure […] 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]
10 Apr 2017, 7:57 am by Coleman Braun
In so ruling, the Court recognized and applied the Texas Supreme Court’s recent ruling in […] Coleman Braun [read post]
17 Mar 2017, 6:53 am by Coleman Braun
In so ruling, the Court also reversed and remanded the lower court’s determination that the attorney’s fees for […] Coleman Braun [read post]