In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise.
The Bullet Point:
A lien is “‘a hold or claim which one person has upon the property of another as...more
Discovery Rule under UTSA New Technology Products v. Scotts Miracle-Gro., 3d Dist. Union No. 2022-Ohio-3780.
In this appeal, the Third Appellate District affirmed the trial court’s decision to grant summary judgment to...more
11/1/2022
/ Collateral ,
Coronavirus/COVID-19 ,
CSPA ,
Default ,
Misappropriation ,
Offer of Judgment ,
OH Supreme Court ,
Restrictive Covenants ,
Revocable Trusts ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
Fair Debt Collection Practices Act-
In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
7/11/2022
/ Apex Doctrine ,
Breach of Contract ,
Communications Decency Act ,
Condition Precedent ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Debt Collection ,
Debt Collectors ,
Defamation ,
Depositions ,
Disclosure ,
False Statements ,
FDCPA ,
Financial Reporting ,
Financial Services Industry ,
Foreclosure ,
Post Judgment Discovery ,
Premature Claims ,
Statute of Limitations ,
Summary Judgment ,
Waivers
Ohio-
RESPA Actual Damages-
Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more
12/14/2021
/ Appellate Courts ,
Attorney's Fees ,
Business Interruption ,
Contract Claims ,
Coronavirus/COVID-19 ,
Exclusions ,
FL Supreme Court ,
Implied Contract ,
Insurance Claims ,
Mortgage Loan Officer ,
Personal Jurisdiction ,
Policy Exclusions ,
Property Damage ,
Qualified Written Requests ,
RESPA
Ohio-
Statute of Frauds-
TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
10/25/2021
/ Appellate Courts ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Creditors ,
Declaratory Relief ,
Enforcement ,
Federal Arbitration Act ,
Final Judgment ,
Foreclosure ,
Jurisdiction ,
Loan Modifications ,
OH Supreme Court ,
Oral Contracts ,
Priority Rules ,
Settlement Agreements ,
Statute of Frauds ,
Tax Certificates
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
Alert October 23, 2020 Due to the economic impacts of COVID-19, many states have issued moratoriums on foreclosures and evictions. Some of those moratoriums have expired. However, even if a lender is now able to obtain a...more
10/23/2020
/ Administrative Orders ,
Borrowers ,
California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Delinquent Borrowers ,
Emergency Orders ,
Eviction ,
Executive Orders ,
Florida ,
Foreclosure ,
Hardship Extensions ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
New York ,
Residential Property Owners ,
State and Local Government ,
Texas
Florida’s Governor Desantis has extended Executive Order Number 20-180 to 12:01 a.m. on October 1, 2020. The Executive Order, titled “Limited Extension of Mortgage Foreclosure and Eviction Relief” provides, in relevant...more
9/5/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Florida ,
Forbearance Agreements ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
State and Local Government ,
Tenants ,
Texas ,
Time Extensions
Two federal enterprises who purchase and securitize mortgages, Fannie Mae and Freddie Mac, along with three federal agencies who make, guarantee, and insure mortgage loans, the Department of Housing and Urban Development...more
8/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Veterans Affairs ,
Executive Orders ,
Fannie Mae ,
Federal Housing Administration (FHA) ,
FHA Loans ,
Foreclosure ,
Freddie Mac ,
HUD ,
Loan Servicer ,
Loan Servicing ,
Moratorium ,
Mortgages ,
Relief Measures ,
State and Local Government ,
Time Extensions ,
USDA ,
Vacant Properties
Under the CARES Act, borrowers must be affected by COVID-19 and receive an “accommodation” for their creditors to be subject to new FCRA reporting obligations. However, the CARES Act does not explain how the consumer needs to...more
On April 1, 2020, as the nation was in the beginning stages of its COVID-19 shutdown and companies, including financial institutions, encountered operational challenges, the CFPB released a statement on supervisory...more
On Tuesday, the Consumer Financial Protection Bureau issued a Bulletin entitled Consumer Reporting FAQs Related to the CARES Act and COVID-19 Pandemic. The CFPB’s Bulletin reminds creditors that compliance with the Fair...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Amongst its many provisions is an amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA) that adds...more