Civil Remedies › Finance & Banking › Constitutional Law

As the CFPB Turns … And Other Consumer Financial Services News

In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more

Harold C. Wallace v. Midwest Financial & Mortgage Services Inc., et al

Sixth Circuit U.S. Court of Appeals re: Summary Judgment Reversed for Appraisal Fraud

A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an appraisal that inflated the value of a...more

Cyprus: To Litigate or Not to Litigate?

Harneys’ Cyprus Banking Group is closely monitoring a legal challenge to the bail-out legislation which is currently before the Cyprus courts....more

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

The United States Court of Appeals for the Second Circuit issued an opinion on February 14, 2013, holding that the civil liability provision of the Anti-Terrorism Act of 1990, 18 U.S.C.§ 2333(a) (the “ATA”) does not permit...more

Prejudgment Attachment

...Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her...more

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation

I. Introduction - It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state,...more

Preventing a Windfall: Getting a Dismissal When Plaintiff Fails to Disclose the Claims in Bankruptcy

The bankruptcy code provides protection and relief to individuals facing insurmountable debt, but it carries certain obligations and limitations, notably requiring them to list all of their assets, including any claims or...more

Electronic Funds Transfer Act: Class Actions Surge Highlighted by Recent Cases

The Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (EFTA), and its regulations promulgated by the Federal Deposit Insurance Corporation (FDIC), Reg E, 12 C.F.R. sect; 205.16, require, in relevant part, that banks...more

Considerations for Banks Named as Parties in Eminent Domain Actions

Property that is subject to being acquired by eminent domain is often encumbered by one or more loans. Lenders are required to be joined as parties in condemnation actions under Washington law. The lender has the right to...more

Suing MERS: Calif Case Reaches Supreme Court and States, Counties Pursue Claims for Lost Fees - But Whose Pockets Would Pay Their...

Last November, we posted about the inevitability of lawsuits being filed against MERS (Mortgage Electronic Registration Systems) although last fall discussions surrounded things like what causes of action could be pursued,...more

Constraints On Calif. Credit Card Class Actions

Law360, New York (June 23, 2011) -- In the wake of Pineda v. Williams-Sonoma Stores Inc. (2011) 51 Cal. 4th 524, Divisions One and Five of California's Second Appellate District have published two opinions that put some...more

Third Circuit Bars Enforcement of New Jersey’s Amended Gift Card Law

The U.S. Court of Appeals for the Third Circuit granted New Jersey retailers’ emergency motion for an injunction barring enforcement of New Jersey’s recently amended law governing stored value cards including gift cards. The...more