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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/
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/
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/
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/
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. Confirms Doc Prep Fees Violate Missouri UPL Statute, Upholds Application to Out-of-State Class Members Due to Choice-of-Law Provision
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]
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 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/
8th Cir. BAP Holds Lien Against Only One Tenant by Entirety Avoidable in Bankruptcy
8 Mar 2016, 9:12 am by Coleman Braun
Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed an order of the bankruptcy court granting a debtor’s motion to avoid a judgment creditor’s lien on the debtor’s residence held in tenancy by the entirety with his non-debtor spouse, holding because the lien “fixed” under the Bankruptcy Code and thus impaired the debtor’s […]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/
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 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. 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/
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/
Illinois App. Court (3rd Dist) Holds Third Refiled Foreclosure Not Barred
14 Aug 2017, 5:14 am by Coleman Braun
Norris is available at: […] 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/
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/
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 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/