In two long-awaited rulings yesterday, Article 13 LLC v. Ponce De Leon Fed. Bank and Van Dyke v. U.S. Bank, Nat’l Ass’n, the New York Court of Appeals addressed the constitutionality of the retroactive application of certain...more
12/1/2025
/ Action to Quiet Title ,
Appellate Courts ,
Collateral Estoppel ,
Constitutional Challenges ,
Contract Terms ,
Due Process ,
Equitable Estoppel ,
Foreclosure ,
Mortgage Lenders ,
Mortgages ,
New Legislation ,
New York ,
Retroactive Application ,
Standing ,
Statute of Limitations ,
Statutory Interpretation
A North Carolina federal court has allowed a putative class case to proceed on a theory that a residential mortgage servicer’s notice that it “may” accelerate is deceptive under the FDCPA and state law. On September, 16,...more
10/3/2025
/ Class Action ,
Consumer Protection Laws ,
Debt Collection ,
FDCPA ,
Federal Court Litigation ,
Foreclosure ,
Misleading Statements ,
Mortgage Servicers ,
Mortgages ,
Motion to Dismiss ,
North Carolina ,
Putative Class Actions ,
Regulation X ,
Unfair or Deceptive Trade Practices
Lenders, investors, and mortgage servicers will have a more favorable and standardized framework for protecting their interests in distressed debt when applying for appointments of commercial receivers beginning July 1, 2023,...more
On December 28, 2020, New York Governor Andrew M. Cuomo signed into law the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”), an act designed to prevent—until May 1, 2021—both evictions of...more
With new relief provisions put in place by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for homeowners and tenants facing payment defaults in coming months, mortgage servicers may feel the impact of...more