Search for: "Ernest Wagner" Results 41 - 60 of 72
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13 Dec 2017, 7:53 am by Ernest Wagner
Following rulings from other appellate courts in other appellate districts, Florida’s Third District Court of Appeal recently reversed a trial court’s order involuntarily dismissing a mortgagee’s foreclosure against a borrower holding that the mortgagee’s witness from its current mortgage servicer laid a sufficient foundation at trial to admit business records from a prior mortgage servicer Read more → Ernest Wagner [read post]
5 Jun 2017, 4:56 am by Ernest Wagner
Court of Appeals for the Ninth Circuit recently affirmed a trial court’s summary judgment ruling in favor of a bank and against the City of Los Angeles on the City’s claims that the bank violated section 3605(a) of the federal Fair Housing Act (FHA) through alleged discriminatory lending practices, and that the bank […] Ernest Wagner [read post]
24 Apr 2017, 8:27 am by Ernest Wagner
The Appellate Court of Illinois, First District, recently reversed a summary judgment ruling in favor of a mortgagee on its post-foreclosure forcible entry and detainer claim, finding genuine disputes as to material facts where the tenant presented evidence that she was a qualified tenant under the Chicago Protecting Tenants in Foreclosed Rental Property Ordinance, and […] Ernest Wagner [read post]
7 May 2018, 7:44 am by Ernest Wagner
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
10 Oct 2017, 8:27 am by Ernest Wagner
The Supreme Court of Missouri recently affirmed, in part, a trial court order dismissing two debtors’ petitions attempting to assert violations of the federal Fair Debt Collection Practices Act and the Missouri Merchandising Practices Act against a hospital for failure to state a claim, holding that judgments in non-tort actions include post-judgment interest as a Read more → Ernest Wagner [read post]
8 May 2017, 5:57 am by Ernest Wagner
(MERS), holding that the State can file a motion to dismiss at any time during the case even if the […] Ernest Wagner [read post]
5 Sep 2017, 7:19 am by Ernest Wagner
§ 1024.36(d)(2)(i)(A)) by failing to provide the loan owner’s phone number in response to a borrower’s request for information […] Ernest Wagner [read post]
12 Jan 2018, 8:41 am by Ernest Wagner
In so ruling, the Fourth DCA held that the trial court improperly relied on a Fifth Circuit case and failed to apply Florida’s judicial Read more → 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]
7 May 2018, 7:44 am by Ernest Wagner
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 Read more → Ernest Wagner [read post]
1 Sep 2017, 8:29 am by Ernest Wagner
The Appellate Court of Illinois, First District, recently reversed a trial court order granting summary judgment in favor of a mortgage servicer and against a condominium association (COA) holding that a material question of fact existed regarding whether the servicer promptly paid assessments that accrued after the foreclosure sale, as required under section 9(g)(3) of […] Ernest Wagner [read post]
29 Mar 2017, 8:35 am by Ernest Wagner
The Appellate Court of Illinois, First District, recently vacated a default foreclosure judgment in favor of a mortgagee and against a borrower because the mortgagee’s affidavit in support of its motion for alternative service did not establish the required due diligence demonstrating the investigation made to determine the borrower’s whereabouts, and the trial court therefore […] Ernest Wagner [read post]
8 Apr 2018, 11:56 pm by Ernest Wagner
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s summary judgment order in favor of a debt collector and against a debtor finding that the debt collector did not violate the federal Fair Debt Collection Practices Act (FDCPA) by only verifying the information Read more → Ernest Wagner [read post]
7 Oct 2019, 7:54 am by Ernest Wagner
Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order denying a motion to remand a putative class action to Arkansas state court based on the federal Class Action Fairness Act’s (CAFA) “local controversy” exception to jurisdiction because the consumer… Ernest Wagner [read post]