Search for: "Ernest Wagner"
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10 Oct 2017, 8:27 am
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]
3 Oct 2017, 7:51 am
A copy of the opinion is available Read more → Ernest Wagner [read post]
5 Sep 2017, 7:19 am
§ 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]
1 Sep 2017, 8:29 am
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]
22 Aug 2017, 4:59 am
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]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
30 Jun 2017, 10:22 am
In so ruling, the […] Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
16 Jun 2017, 11:20 am
A […] Ernest Wagner [read post]
5 Jun 2017, 4:56 am
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]
8 May 2017, 5:57 am
(MERS), holding that the State can file a motion to dismiss at any time during the case even if the […] Ernest Wagner [read post]
6th Cir. Rejects FDCPA Allegations of State Procedural Violations, Misrepresentations, Citing Spokeo
2 May 2017, 7:12 am
A copy of the opinion in Lyshe […] Ernest Wagner [read post]
24 Apr 2017, 8:27 am
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]
Illinois App. Court (1st Dist) Holds Mortgagee’s Affidavit for Alternative Service Fatally Deficient
29 Mar 2017, 8:35 am
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]
27 Mar 2017, 7:15 am
The First District also held that even if the borrowers had timely […] Ernest Wagner [read post]
13 Mar 2017, 8:17 am
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]
10 Jun 2014, 9:30 pm
Wagner. [read post]
29 May 2013, 10:52 am
, Judge Ernest J. [read post]
1 Jun 2011, 8:21 am
Wagner from Childress Duffy Ernest P. [read post]
30 May 2011, 8:15 am
Wagner from Childress Duffy Ernest P. [read post]
