Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more
Key Points - The U.S. Court of Appeals for the 2nd Circuit recently held that district courts have the power to decertify a class even after a jury verdict in favor of the class...more
In the recent case of Daniels v. Select Portfolio Serving, Inc., the California Court of Appeal has held that a lender may be liable for the negligence and misrepresentations of the lender’s servicer, without any contractual...more
Litigation is expensive. If you get sued, winning the case can still be a loss if you can’t recover your attorneys fees from the other side. Mortgages usually contain a “one-way” fee provision requiring the borrower to...more
On May 6, 2016, in Heritage Capital Corp. v. Equitable Trust Co., the Supreme Court of Canada (SCC) weighed in on one of the many disputes stemming from the foreclosure proceedings taken with respect to the historic Lougheed...more
In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more