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HTMLEvergrene Partners v. CitiBank: Florida District Court of Appeal Affirms Dismissal Complaint to Cancel Mortgage Based Upon Statute of Limitations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342, 2014 WL 2862392 (Fla. 4th DCA June 25, 2014) Florida’s Fourth District Court of Appeal affirmed dismissal of a complaint which sought to cancel a residential mortgage by alleging that the statute of limitations had run...

 

HTMLRos v. Lasalle Bank: Southern District of Florida Applies New Florida DCA Case Law to Dismiss Quiet Title Suit Based on Statute of Limitations Allegations
Nicholas S. Agnello; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 21, 2014
In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOM/VALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United States District Court to apply the holding in Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342 (Fla. 4th DCA 2014) regarding efforts...

 

HTMLEleventh Circuit Holds Consumers May Revoke “Prior Express Consent” Under the TCPA Either Orally or in Writing
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 

HTMLSecond Circuit Holds Mortgagor’s Written Request for Information Does Not Qualify as a QWR When Not Sent to the QWR Designated Address
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 24, 2014
In Roth v. CitiMortgage Inc., 2014 WL 2853549 (2nd Cir. June 24, 2014), the Second Circuit held that although a mortgage had three letters requesting various mortgage related information sent by her lawyer, the mortgagor’s RESPA claim was properly dismissed on the basis that her...

 

Adobe PDFWho Can You Trust? The Failure of RMBS Trustees to Protect Investors
Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
July 25, 2014, previously published on Summer 2014
In the aftermath of the largest financial crisis since the Great Depression, investors in residential mortgagebacked securities (“RMBS”) who sustained billions of dollars in losses are still trying to figure out who is legally responsible for the mess. Naturally, the banks that...

 

HTMLWisconsin Supreme Court’s Decision in Associated Bank N.A. v. Collier Changes the Rules for Collecting Judgments
Eric J. Hatchell; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 22, 2014
In Wisconsin, supplemental proceedings under Wis. Stat. ch. 816 are the principal tool by which a judgment creditor can discover assets of the judgment debtor in aid of collection. But for the last 15 years, they have also been the mechanism by which sophisticated judgment creditors have obtained a...

 

HTMLCFPB to Scrutinize Nonbank Products: Prepaid Cards, Debt Settlement, Credit Repair, and Pawn and Title Loans
Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
Three years after it opened for business, on July 21, 2014, the Consumer Financial Protection Bureau (CFPB) announced it was accepting complaints from consumers with problems with (1) prepaid cards; (2) debt settlement services; (3) credit repair services; and (4) pawn and title loans. This signals...

 

HTMLGeorgia Supreme Court Applies the Business Judgment Rule to Bank Officers and Directors; Decision Has Implications for Corporate Officers and Directors
Maia Cogen, Patricia A. Gorham, Gabriel A. Mendel, W. Scott Sorrels, Yvonne M. Williams-Wass; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a landmark ruling for officers and directors of Georgia’s financial institutions, the Supreme Court of Georgia held in FDIC v. Loudermilk, S14Q0454 (Ga. July 11, 2014), that officers and directors of banks are protected by the business judgment rule, which affords officers and directors a...

 

HTMLJudge Vacates $22 Million Verdict and Orders New Trial
Richard A. Vance; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014
Jefferson Circuit Judge Jim Shake vacated jury verdicts against several banks in a major lender liability/mortgage fraud case in Louisville. The verdict, one of the largest ever in a Kentucky lender liability case, garnered significant media attention when rendered last fall, but the order for a...

 

HTMLAct 117 Signed into Law Amending the Mechanic’s Lien Law and Easing Construction Lending
Derek P. Dissinger; Barley Snyder;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
A few months ago we published an article titled, “Pennsylvania House and Senate Pass Bills to Ease Construction Lending.” The article described Senate Bill 145 of 2014 which contemplated amendments to the Mechanic’s Lien Law of 1963 authored to ease construction lending....

 


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