Search for: "Wagner, Appeal of"
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18 Mar 2019, 7:41 am
Bank National Association is available at:… Ernest Wagner [read post]
11 Sep 2019, 5:59 am
Court of Appeals for the Seventh Circuit recently ruled in favor of a bank suing to recover for a fraudulent loan scheme, finding that the Illinois Limited Liability Company Act did not shield the closing agent company’s owner from liability in a fraud… Ernest Wagner [read post]
26 Aug 2019, 12:59 pm
In so ruling, the Court held that res judicata should not apply in this case because in the… Ernest Wagner [read post]
11 Jun 2019, 3:00 pm
Court of Appeals for the Seventh Circuit recently affirmed two trial court rulings in favor of a debt collector and against the debtors holding that correspondence which identified “the name of the creditor to whom the debt is owed” as the original creditor… Ernest Wagner [read post]
27 Apr 2020, 7:16 am
Ernest Wagner [read post]
29 Aug 2019, 6:14 am
Court of Appeals for the Ninth Circuit recently reversed a trial court order remanding a case to state court for lack of jurisdiction under the federal Class Action Fairness Act (CAFA) because the jurisdictional allegations pleaded provided a short and plain statement of… Ernest Wagner [read post]
17 Dec 2018, 8:08 am
The Court of Appeals of California, Fourth District, recently affirmed summary judgment awarded in favor of the mortgage servicer and loan owner defendants on the borrowers’ claims for alleged violations of the California Homeowner Bill of Rights (HBOR), finding that the defendants properly contacted the… Ernest Wagner [read post]
11 Nov 2019, 8:16 am
In so ruling, the Eleventh Circuit held that… Ernest Wagner [read post]
17 Jun 2019, 4:16 am
Court of Appeals for the Seventh Circuit recently affirmed a trial court’s ruling that a debtor lacked Article III standing to sue a debt collector for failing to notify her in its debt validation letter that to trigger the federal Fair Debt Collection… Ernest Wagner [read post]
16 Nov 2018, 6:58 am
Court of Appeals for the Second Circuit held that when a debt collector did not seek to collect fees and interest after default, its letter to a borrower that did not state whether fees and interest continued to accrue… Ernest Wagner [read post]
23 Aug 2021, 8:37 am
Ernest Wagner [read post]
20 Jun 2019, 7:02 am
Court of Appeals for the Eleventh Circuit affirmed the dismissal of a borrower’s claim, holding that a mortgage servicer’s motion to reschedule a previously set foreclosure sale after it approved the borrower for a trial loan modification plan did not violate the federal… Ernest Wagner [read post]
29 Oct 2019, 1:26 pm
Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a… Ernest Wagner [read post]
10 Dec 2018, 9:32 am
Court of Appeals for the Third Circuit held that a title insurer under Pennsylvania state law only had a duty to defend its insured lender for the covered claims alleged in the four corners of a borrower’s complaint, not for all alleged claims… Ernest Wagner [read post]
15 Feb 2019, 9:05 am
In so ruling,… Ernest Wagner [read post]
22 Feb 2019, 7:47 am
Court of Appeals for the Seventh Circuit reversed a trial court judgment in favor of a borrower and against a debt collector, and ruled that reporting to a credit reporting agency that a debtor owed nine unpaid bills of $60 instead of one… Ernest Wagner [read post]
26 Feb 2019, 12:31 pm
Court of Appeals for the Seventh Circuit affirmed a trial court judgment in favor of an online real estate marketplace company and against the sellers of real property, finding that an estimate on the website of their property’s value did not violate the… Ernest Wagner [read post]
16 Apr 2019, 7:19 am
Court of Appeals for the Fifth Circuit recently held that a mortgage servicer only had to comply with the federal Real Estate Settlement Procedure Act (RESPA) requirements regarding loss mitigation applications once when the servicer had already provided the same reasons for the… Ernest Wagner [read post]
12 Aug 2019, 12:12 pm
Court of Appeals for the Eighth Circuit recently reversed a trial court order dismissing a plaintiff’s complaint for lack of standing, holding that the plaintiff properly alleged an injury in fact because it claimed an economic harm to it that was concrete and… Ernest Wagner [read post]
7th Cir. Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim
6 Sep 2018, 2:09 pm
Court of Appeals for the Seventh Circuit recently reversed a judgment against a debt collector, finding that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s federal Fair Debt Collection Practices Act (FDCPA) claims for statutory damages, attorneys’… Ernest Wagner [read post]
