Allegations Of No Account Does Not Defeat Debt Collector’s Permissible...
Judge Donald Middlebrooks recently dismissed a plaintiff’s “permissible purpose” claim under the Fair Credit Reporting Act (“FCRA”) where the alleged facts showed that the defendant/creditor was...
View ArticleThird DCA Issues Opinion Today Defining When and How Acceleration Occurs and...
Florida’s Third District Court of Appeal issued an opinion[1] today that provides further guidance in determining the date of accrual of a cause of action in a subsequent mortgage foreclosure action...
View ArticlePost-Crawford FDCPA Claim Dismissed as Time-Barred
Following the Eleventh Circuit’s decision last year in Crawford v. LVNV Funding, LLC, the filing of a proof of claim on a time-barred debt in a bankruptcy case pending in the Eleventh Circuit’s...
View ArticleNY High Court Boots Mortgage Repurchase Case on Limitations
In a ruling that may signal the end to much of the litigation over mortgage-backed securities, New York’s highest court held limitations for breach of warranty litigation over portfolio loans run from...
View ArticleAdmissibility of Prior Servicer Business Records
In Sas v. Federal National Mortgage Ass’n., No. 2D14-1003, 2015 WL 3609508 (Fla. 2d DCA June 10, 2015) the appellate court was faced with the issue of whether there was a requirement that the records...
View ArticleLenders Are Not Necessarily Required to Send a Duplicative Pre-suit Notice in...
In the case of Sill v. JPMorgan Chase Bank National Association, Michael Sill appealed a final judgment of foreclosure entered in favor of JPMorgan Chase Bank (“Chase”), in which he asserted three...
View ArticleFlorida’s 5th DCA Joins 2d and 3d, Expressly Adopts Substantial Compliance...
The brief era of confusion amongst Florida trial judges regarding the standard for judging compliance with conditions precedent in residential mortgage foreclosures is hopefully coming to a close....
View ArticleFlorida’s Third DCA Reverses Course on Statute of Limitations for Mortgage...
Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v....
View ArticleSupreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins,...
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal...
View ArticleAllegations Of No Account Does Not Defeat Debt Collector’s Permissible...
Judge Donald Middlebrooks recently dismissed a plaintiff’s “permissible purpose” claim under the Fair Credit Reporting Act (“FCRA”) where the alleged facts showed that the defendant/creditor was...
View ArticleThird DCA Issues Opinion Today Defining When and How Acceleration Occurs and...
Florida’s Third District Court of Appeal issued an opinion[1] today that provides further guidance in determining the date of accrual of a cause of action in a subsequent mortgage foreclosure action...
View ArticlePost-Crawford FDCPA Claim Dismissed as Time-Barred
Following the Eleventh Circuit’s decision last year in Crawford v. LVNV Funding, LLC, the filing of a proof of claim on a time-barred debt in a bankruptcy case pending in the Eleventh Circuit’s...
View ArticleNY High Court Boots Mortgage Repurchase Case on Limitations
In a ruling that may signal the end to much of the litigation over mortgage-backed securities, New York’s highest court held limitations for breach of warranty litigation over portfolio loans run from...
View ArticleAdmissibility of Prior Servicer Business Records
In Sas v. Federal National Mortgage Ass’n., No. 2D14-1003, 2015 WL 3609508 (Fla. 2d DCA June 10, 2015) the appellate court was faced with the issue of whether there was a requirement that the records...
View ArticleLenders Are Not Necessarily Required to Send a Duplicative Pre-suit Notice in...
In the case of Sill v. JPMorgan Chase Bank National Association, Michael Sill appealed a final judgment of foreclosure entered in favor of JPMorgan Chase Bank (“Chase”), in which he asserted three...
View ArticleFlorida’s 5th DCA Joins 2d and 3d, Expressly Adopts Substantial Compliance...
The brief era of confusion amongst Florida trial judges regarding the standard for judging compliance with conditions precedent in residential mortgage foreclosures is hopefully coming to a close....
View ArticleFlorida’s Third DCA Reverses Course on Statute of Limitations for Mortgage...
Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its original ruling in Deutsche Bank Trust Company Americas v....
View ArticleSupreme Court Vacates Ninth Circuit’s Decision in Spokeo, Inc. v. Robbins,...
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal...
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