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Illinois App. Court (2nd Dist) Holds Defect in Summons Voids Foreclosure
13 Jul 2016, 4:00 am by Coleman Braun
In 1997, the defendant borrowers executed a mortgage […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds Junior Mortgagee is Necessary or Required Party to Illinois Foreclosure
9 Aug 2016, 6:17 am by Coleman Braun
P. 19(a) to the plaintiff mortgagee without the junior mortgagee, as the junior mortgagee would still […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Minn. District Court Holds Even Complete Tender Does Not Moot Individual or Putative Class Claims
5 Jul 2016, 7:55 am by Coleman Braun
[…]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Fla. App. Court Holds Safe Harbor for Unpaid HOA/COA Assessments Doesn’t Require Mortgagee to Own Note, Mortgage
10 Oct 2016, 6:36 am by Coleman Braun
A copy of the opinion in Brittany’s Place Condominium […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds Foreclosure Did Not Discharge Security Interest in Proceeds of Collateral
17 Oct 2016, 5:32 am by Coleman Braun
Stearns Bank National […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Confirms Court Costs and Attorney’s Fees Not Sufficient for Actual Damages Under RESPA or MOSLA
3 Mar 2021, 10:46 am by Coleman Braun
Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds No FDCPA Violation for Filing Suit Without Intent to Proceed to Trial
7 Jun 2016, 5:19 am by Coleman Braun
Cach, LLC is available at:  Link to […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Holds No Statute of Limitations on Texas Home Equity Claims
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]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Illinois App. Court Holds Pleading Plaintiff is ‘Mortgagee’ Sufficient Under Illinois Mortgage Foreclosure Law
24 May 2016, 7:00 am by Coleman Braun
The plaintiff mortgagee filed a […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
5th Cir. Confirms Arrears Not Damages Caused by Alleged Loan Modification Fraud
4 Jan 2016, 9:49 am by Coleman Braun
In so ruling, the Fifth Circuit affirmed the district court’s order granting summary judgment in the mortgagees’ favor due to insufficient evidence of damages, and […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Illinois App. Court Holds Reverse Mortgage Borrower Had Mortgageable Interest Following Intestate Death of His Spouse
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]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Confirms Court Costs and Attorney’s Fees Not Sufficient for Actual Damages Under RESPA or MOSLA
3 Mar 2021, 10:46 am by Coleman Braun
Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Illinois Supreme Court Holds Mortgagee Trespass Not ‘Extreme and Outrageous’ as Matter of Law
26 Dec 2016, 12:07 pm by Coleman Braun
In so ruling, the Court held that: […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Rejects Alleged RESPA ‘Pattern and Practice’ Due to No Evidence of ‘Coordination’
16 Jan 2017, 8:41 am by Coleman Braun
In so ruling, […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
DC Cir. Upholds Dismissal of False Claims Act Action Arising Out of 2012 Nat’l Mortgage Settlement
29 Jan 2018, 8:20 am by Coleman Braun
Read more → Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
8th Cir. Holds Cybertheft Covered by Financial Institution Bond Applying ‘Concurrent Causation’ Doctrine
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]
The Consumer Financial Services Blog - http://consumerfsblog.com/
9th Cir. Holds Temporary Stay of Foreclosure Not Enough to Satisfy Diversity ‘Amount in Controversy’
4 Jan 2018, 7:50 am by Coleman Braun
In so ruling, Read more → Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
6th Cir. Holds Lender Violated TILA’s ‘Ability to Repay’ Income Verification Rule
18 Sep 2020, 5:20 am by Coleman Braun
Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
Illinois App. Court (2nd Dist) Holds Successive Actions on Same Guaranty Not Barred by Res Judicata
8 Aug 2016, 6:40 am by Coleman Braun
In so ruling, the Court held that […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/
7th Cir. Holds Inclusion of 1692g ‘Debt Validation’ Notice in Complaint Violated FDCPA
3 Oct 2016, 6:52 am by Coleman Braun
In so ruling, the Court held that the debt collector’s use of […]Coleman Braun [read post]
The Consumer Financial Services Blog - http://consumerfsblog.com/