Search for: "Ernest Wagner"
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7 Jan 2019, 8:41 am
A copy of the… Ernest Wagner [read post]
17 Dec 2018, 8:08 am
The Court of Appeals of California, Fourth District, recently affirmed summary judgment awarded in favor of the mortgage servicer and loan owner defendants on the borrowers’ claims for alleged violations of the California Homeowner Bill of Rights (HBOR), finding that the defendants properly contacted the… Ernest Wagner [read post]
10 Dec 2018, 9:32 am
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]
6 Dec 2018, 1:29 pm
District Court for the Northern District of Illinois recently held that the defendant company did not use an automatic telephone dialing system (ATDS) because its phone system did not use a random or sequential number generator to store or produce phone numbers to… Ernest Wagner [read post]
16 Nov 2018, 6:58 am
Court of Appeals for the Second Circuit held that when a debt collector did not seek to collect fees and interest after default, its letter to a borrower that did not state whether fees and interest continued to accrue… Ernest Wagner [read post]
14 Nov 2018, 7:18 am
Court of Appeals for the First Circuit recently held that, at least under the Massachusetts version of the UCC, automobile post-repossession and post-sale notices must expressly advise the borrower that any deficiency will be calculated using the difference between the amount owed on… Ernest Wagner [read post]
25 Oct 2018, 11:37 am
… Ernest Wagner [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
22 Aug 2018, 9:14 am
Court of Appeals for the Eighth Circuit held that a plaintiff lacked standing to pursue an alleged violation of the Telephone Consumer Protection Act (TCPA) against a defendant that supposedly did not provide a proper opt-out notice in its advertisement faxes because the… Ernest Wagner [read post]
14 Jun 2018, 7:27 am
Utah, 414 U.S. 538 (1974), does not toll a subsequent class action after the statute… Ernest Wagner [read post]
7 May 2018, 7:44 am
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]
7 May 2018, 7:44 am
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]
26 Apr 2018, 6:46 am
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]
26 Apr 2018, 6:46 am
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]
8 Apr 2018, 11:56 pm
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]
14 Mar 2018, 1:40 pm
In so ruling, the Court held that merely printing a credit Read more → Ernest Wagner [read post]
12 Jan 2018, 8:41 am
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]
13 Dec 2017, 7:53 am
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]
4 Dec 2017, 7:49 am
Accordingly, Read more → Ernest Wagner [read post]
10 Nov 2017, 8:12 am
Caterpillar and the Caterpillar Foundation also have donated $500,000 to The Finca Vigía Foundation, which works to restore and preserve the Cuban home of the late Ernest Hemingway. [read post]
