Search for: "Jeffrey Karek"
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17 Oct 2019, 6:01 am
The Illinois Appellate Court, First District, recently held that an entity with only a purported equitable interest in a property was only a permissive party to a foreclosure and not a necessary party, and therefore the plaintiff mortgagee was not required to serve the entity… Jeffrey Karek [read post]
8 Jul 2019, 5:35 am
The Supreme Court of New Jersey held that where a plaintiff challenges the validity of a transaction as a whole and not specifically the arbitration agreement that is included as part of a transaction, the plaintiff must arbitrate their claims because an arbitration agreement is… Jeffrey Karek [read post]
28 Jul 2017, 7:14 am
A […] Jeffrey Karek [read post]
13 Aug 2018, 8:46 am
§ 1658(a) applies to private suits alleging violations of section 303(c) of the federal Servicemembers Credit… Jeffrey Karek [read post]
29 Apr 2019, 8:30 am
Accordingly, the contrary ruling of… Jeffrey Karek [read post]
14 Aug 2019, 6:56 am
Court of Appeals for the Ninth Circuit held that where a company sent dispute letters to a credit reporting agency on behalf of a consumer, but the consumer did not identify the items to be disputed, review the letters, or otherwise play any… Jeffrey Karek [read post]
9 Jul 2019, 7:52 am
Court of Appeals for the First Circuit, on an issue of first impression at the federal appellate level, recently held that the Merrill doctrine – which prevents federal government instrumentalities from being bound by the unauthorized acts of their agents – applies to… Jeffrey Karek [read post]
29 Mar 2019, 6:49 am
Court of Appeals for the Second Circuit held that a debt collection letter that informs the consumer of the total, present quantity of his or her debt satisfies section 1692g of the federal Fair Debt Collection Practices Act (FDCPA) notwithstanding its failure to… Jeffrey Karek [read post]
4 Aug 2018, 5:39 am
Court of Appeals for the Sixth Circuit recently held that a debtor’s claim seeking to use a bankruptcy trustee’s § 544(a) strong-arm power to avoid a mortgage on the ground that it was never perfected did not require appellate review of the state… Jeffrey Karek [read post]
27 Sep 2017, 7:31 am
The Illinois Appellate Court for the First District recently held that the trial court correctly affirmed a judicial sale and denied a motion to reconsider where an intervenor and alleged owner of the property claimed the mortgage was wiped out by the death of the sole mortgagor, who was only a joint tenant in the Read more → Jeffrey Karek [read post]
30 May 2019, 7:31 am
Court of Appeals for the Second Circuit held that even if a class action case is brought pursuant to a fee-shifting statute, common-fund principles control fee awards authorized from a common fund, and a common-fund fee award may be calculated as the lodestar… Jeffrey Karek [read post]
3 Dec 2019, 8:02 am
However, the seller was required to… Jeffrey Karek [read post]
5 Jun 2019, 7:22 am
Circuit held recently that plaintiffs failed to offer sufficient evidence to create a genuine dispute of fact as to their accounting and fraudulent concealment claims against a bank based on the disappearance of funds from a savings… Jeffrey Karek [read post]
5 Nov 2019, 7:52 am
The Court of Appeal of the State of California, First Appellate District, recently held that a forum selection clause in favor of a New York forum was unenforceable where the clause included a predispute jury trial waiver, which is unenforceable under California law but which… Jeffrey Karek [read post]
6 Jul 2017, 7:53 am
Court of Appeals for the Second Circuit recently joined the Seventh Circuit in holding that printing a credit card expiration date on an otherwise properly redacted receipt does not constitute an injury in fact sufficient to establish Article III standing to bring a claim alleging a bare procedural violation of the federal Fair […] Jeffrey Karek [read post]
28 Oct 2019, 8:06 am
Accordingly, the Seventh Circuit affirmed the trial… Jeffrey Karek [read post]
25 Jan 2019, 4:25 am
Court of Appeals for the Fifth Circuit held that ambiguity in the deed of trust regarding the lender’s right to pay real estate taxes and establish an escrow account precluded entry of summary judgment in favor of the loan servicer on the borrower’s… Jeffrey Karek [read post]
22 Nov 2017, 6:08 am
The Appellate Court of Illinois, Second District, recently held that even though the Illinois Residential Mortgage License Act (“IRMLA”) was applicable to a lender that only made one loan in Illinois, an amendment to the IRMLA provided an exception to the law of the case doctrine and under the amendment the mortgage was not void Read more → Jeffrey Karek [read post]
5 Oct 2018, 7:22 am
… Jeffrey Karek [read post]
12 Mar 2019, 7:04 am
The Appellate Court of Illinois, First District, recently held that a borrower’s general denial that the mortgagee performed the conditions precedent of the mortgage contract prior to filing a foreclosure action was insufficient under Illinois Supreme Court Rules and therefore constituted a forfeiture of the… Jeffrey Karek [read post]
