Search for: "Jeffrey Karek" Results 41 - 60 of 70
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17 Jul 2018, 9:02 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that a consumer plaintiff’s breach of contract claim against a defendant bank failed where the bank processed the consumer’s transactions in accordance with the terms of the agreement with the consumer, even though the… 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]
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Court of Appeals for the Fifth Circuit held that where a mortgagee rescinded a notice of intent to accelerate and then filed a foreclosure action without first issuing a new notice of intent to accelerate, it failed to meet its burden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]
20 Mar 2018, 7:34 am by Jeffrey Karek
In so ruling, the Sixth Circuit reversed the Read more → Jeffrey Karek [read post]
5 Mar 2018, 5:56 am by Jeffrey Karek
Court of Appeals for the Third Circuit held that a collection letter sent to collect a time-barred debt that makes a “settlement offer” to accept payment “in settlement of” the debt could potentially violate the federal Fair Debt Collection Practices Act’s (FDCPA) general prohibition against “any false, deceptive, or misleading representation or means Read more → Jeffrey Karek [read post]
29 Dec 2017, 9:37 am by Jeffrey Karek
Court of Appeals for the Sixth Circuit recently held that the insurance policy’s two-year limitations provision did not apply to a claim brought under section 500.2006(4) of Michigan Complied Laws because it was not a claim “under Read more → Jeffrey Karek [read post]
20 Dec 2017, 8:50 am by Jeffrey Karek
§ 1640(e) applied and his claims were barred despite the fact Read more → Jeffrey Karek [read post]
22 Nov 2017, 6:08 am by Jeffrey Karek
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]
11 Oct 2017, 7:49 am by Jeffrey Karek
Court of Appeals for the First Circuit recently held that a borrower’s claim under the Massachusetts Predatory Home Loan Practices Act (MPHLPA) was barred by the applicable five-year statute of limitations where the loan was extended more than five years before the complaint was filed and the borrower did not allege facts to Read more → Jeffrey Karek [read post]
5 Oct 2017, 7:35 am by Jeffrey Karek
Court of Appeals for the Fifth Circuit held that the trial court had jurisdiction to hear a case based on a final foreclosure order entered in Texas state court, and that the borrowers’ due process rights were not violated where the state court entered a foreclosure order without first having a hearing, in Read more → 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]