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26 Jul 2018, 6:38 am by Stuart Miles
Bankruptcy Appellate Panel for the Eighth Circuit recently applied the “conceivable effect” test in holding that a bankruptcy court lacked jurisdiction over a state law fraud claim raised by a third party regarding the validity of a lender’s lien, and therefore, declined to… Stuart Miles [read post]
19 Feb 2016, 10:10 am by Stuart Miles
Court of Appeals for the Ninth Circuit recently held that, under California law, a two-year delay in failing to investigate the facts entitling a party to rescind a foreclosure sale transaction barred that equitable remedy, even though there was a genuine issue of material fact as to whether the plaintiff foreclosure buyer could […]Stuart Miles [read post]
18 May 2016, 4:02 pm by Stuart Miles
Court of Appeals for the Sixth Circuit recently held that two borrowers lacked standing to challenge the validity of a deed of trust in a lien priority dispute interpleader action filed by the foreclosure trustee, as the borrowers did not dispute that they executed the deed of trust, the lien placed on the […]Stuart Miles [read post]
20 Apr 2018, 10:39 am by Stuart Miles
In so ruling, the Court held that “a party that receives Read more → Stuart Miles [read post]
4 May 2018, 8:40 am by Stuart Miles
Condo Act”) may not conduct its foreclosure sale subject to a first deed of trust lien, even if the Read more → Stuart Miles [read post]
7 Apr 2016, 11:17 am by Stuart Miles
Court of Appeals for the Second Circuit recently vacated the dismissal of federal Fair Debt Collection Practices Act (FDCPA) allegations that a debt collector’s notice stating the “current balance” of the debt without disclosing that the balance may increase over time due to interest and fees was “misleading” within the meaning of Section […]Stuart Miles [read post]
25 Jan 2016, 6:47 am by Stuart Miles
  In so ruling, the Court also held that a Michigan state court’s issuance of a preliminary injunction against a mortgagee in a foreclosure action did not bar subsequent removal and entry of summary judgment in favor of […]Stuart Miles [read post]
21 May 2016, 12:41 pm by Stuart Miles
The Appellate Court of Illinois, First District, recently held that the form foreclosure complaint provided by the Illinois Mortgage Foreclosure Law (IMFL) complies with procedural due process guarantees of the Fifth and Fourteenth Amendments of the United States Constitution, and does not violate the Illinois Constitution’s separation of powers doctrine by usurping the Illinois judiciary’s […]Stuart Miles [read post]