Search for: "Jeffrey Karek" Results 1 - 20 of 64
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8 Jul 2019, 5:35 am by Jeffrey Karek
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]
6 Mar 2019, 7:59 am by Jeffrey Karek
Court of Appeals for the Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could… Jeffrey Karek [read post]
12 Mar 2019, 7:04 am by Jeffrey Karek
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]
23 May 2018, 3:41 pm by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that where a mortgagee rescinded a notice of intent to accelerate and then filed a foreclosure action without first issuing a new notice of intent to accelerate, it failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to Read more → Jeffrey Karek [read post]
29 Mar 2019, 6:49 am by Jeffrey Karek
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]
10 Jan 2019, 9:06 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded… Jeffrey Karek [read post]
20 Jun 2018, 6:01 am by Jeffrey Karek
Court of Appeals for the Ninth Circuit recently held that a plaintiff did not allege Article III standing for her claim under the federal Fair Credit Reporting Act (FCRA) where there were no specific factual allegations plausibly tying the inclusion of her debit… Jeffrey Karek [read post]
8 Nov 2018, 5:52 am by Jeffrey Karek
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
10 Sep 2018, 9:22 am by Jeffrey Karek
Accordingly, the Seventh Circuit reversed the ruling of the trial court,… Jeffrey Karek [read post]
3 Jul 2017, 8:32 am by Jeffrey Karek
Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state […] Jeffrey Karek [read post]
27 Sep 2017, 7:31 am by Jeffrey Karek
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]
14 Sep 2018, 6:05 am by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that a civil investigative demand (CID) issued by the Consumer Financial Protection Bureau did not adequately advise the respondent of the nature of the conduct constituting the alleged violation under investigation and the provision of… Jeffrey Karek [read post]
29 Nov 2018, 7:24 am by Jeffrey Karek
Germain Depository Institutions Act of 1982 did not provide a private cause of action, and because the state law claims… Jeffrey Karek [read post]