In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745...more
On February 22, 2013, U.S. District Judge Brian Cogan reversed his prior decision that required a plaintiff to seek court approval of a settlement before her action under the Fair Labor Standards Act (“FLSA”) could be...more
The Florida Supreme Court recently held that when a borrower alleges fraud on the court as a basis for setting aside a lender’s notice of voluntary dismissal of a foreclosure action, the trial court has jurisdiction to...more
In this contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the...more
Generally, the filing of a voluntary dismissal (with or without prejudice) divests the trial court of jurisdiction. However, what happens where a party brings a frivolous action, but on the eve of trial, voluntarily...more
On January 23, the FHFA settled and voluntarily dismissed one of the lawsuits it initiated in 2011 as conservator for Fannie Mae and Freddie Mac, alleging against many parties that billions of dollars of MBS purchased by the...more
On January 10, 2013, the State of Texas and two of its agencies (the Railroad Commission of Texas and the Texas Commission on Environmental Quality) filed a joint motion in the Circuit Court for the District of Columbia to...more
Sometimes, after all the stress, the paperwork, and the gut wrenching that went into making the decision to file for bankruptcy, people will want out. The reasons vary. Often there is a change in circumstances making the...more
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