Search for: "Ernest Wagner" Results 21 - 40 of 72
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22 Aug 2017, 4:59 am by Ernest Wagner
Court of Appeals for the Eleventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage servicer, holding that the servicer had no duty to respond to a Qualified Written Request (“QWR”) under the federal Real Estate Settlement Procedures Act (RESPA) because the borrower failed to send the QWR to the […] Ernest Wagner [read post]
10 Dec 2018, 9:32 am by Ernest Wagner
Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of a borrower’s complaint, not for all alleged claims… Ernest Wagner [read post]
20 Jun 2019, 7:02 am by Ernest Wagner
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]
29 Aug 2019, 6:14 am by Ernest Wagner
Court of Appeals for the Ninth Circuit recently reversed a trial court order remanding a case to state court for lack of jurisdiction under the federal Class Action Fairness Act (CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm by Ernest Wagner
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
2 Aug 2019, 9:08 am by Ernest Wagner
Court of Appeals for the Seventh Circuit recently held that a blind plaintiff lacked standing to sue under the Americans with Disabilities Act (ADA) for alleged accessibility problems with a credit union’s website because he could not establish an injury in fact as… Ernest Wagner [read post]
12 Aug 2019, 12:12 pm by Ernest Wagner
Court of Appeals for the Eighth Circuit recently reversed a trial court order dismissing a plaintiff’s complaint for lack of standing, holding that the plaintiff properly alleged an injury in fact because it claimed an economic harm to it that was concrete and… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm by Ernest Wagner
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
29 Oct 2019, 1:26 pm by Ernest Wagner
Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest Wagner [read post]
11 Sep 2019, 5:59 am by Ernest Wagner
Court of Appeals for the Seventh Circuit recently ruled in favor of a bank suing to recover for a fraudulent loan scheme, finding that the Illinois Limited Liability Company Act did not shield the closing agent company’s owner from liability in a fraud… Ernest Wagner [read post]
10 May 2019, 10:30 am by Ernest Wagner
The Appellate Court of Illinois Fifth District affirmed the dismissal of a borrower’s alleged putative class action alleging that the successor to a credit card issuer violated various state and federal laws when it filed suit to collect the debt past the four-year statute of… Ernest Wagner [read post]
17 Jun 2019, 4:16 am by Ernest Wagner
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
15 Jul 2019, 7:39 am by Ernest Wagner
Court of Appeals for the Second Circuit affirmed the dismissal of a case for lack of jurisdiction because when the plaintiffs withdrew their class action allegations in an amended complaint, the withdrawal divested the court of jurisdiction under the federal Class Action Fairness… Ernest Wagner [read post]
26 Apr 2018, 6:46 am by Ernest Wagner
In doing so, the Eighth Circuit affirmed the trial court’s order granting judgment in favor of a debt Read more → Ernest Wagner [read post]
13 Mar 2017, 8:17 am by Ernest Wagner
The Appellate Court of Illinois, Second District, recently affirmed summary judgment in favor of a mortgagee that failed to meet the FHA requirement to either have a face-to-face meeting with the borrowers or to make “a reasonable effort” to arrange a face-to-face meeting before filing foreclosure, because doing so would have been a futile act […] Ernest Wagner [read post]
14 Mar 2018, 1:40 pm by Ernest Wagner
In so ruling, the Court held that merely printing a credit Read more → Ernest Wagner [read post]