This Week in FCPA-Episode 80, The Last Jedi Edition
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Wayward Financial Institutions Facing Increasingly Stricter Punishment
Grassley: HSBC Should Face Criminal Charges
REAL PROPERTY UPDATE - Foreclosure/Standing: foreclosing bank did not establish standing where it failed to submit evidence it was in possession of original note with blank endorsement at time of filing of foreclosure...more
REAL PROPERTY UPDATE - - Foreclosure/Standing/Hearsay: copy of a note with undated allonge containing blank endorsement sufficient to establish standing as a matter of law, even though bank did not have formal...more
REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more
REAL PROPERTY UPDATE - - Foreclosure/Discovery: trial court erred by declining to rule prior to trial on borrowers’ motion in limine seeking to exclude evidence contrary to bank’s “technical admissions” established by...more
Recent decisions within the Eleventh Circuit Court of Appeals have clarified two required elements needed to support a viable claim under the Fair Debt Collection Practices Act (FDCPA). In Davidson v. Capital One Bank (USA),...more
In Davidson v. Capital One Bank (USA), N.A., the Eleventh Circuit affirmed a district court’s dismissal of an amended complaint against Capital One Bank (USA), N.A. (“Capital One”) for alleged violations of the Fair Debt...more