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Loan Documentation Standing

Venable LLP

Supreme Court Passes on IT v. Zebra: What is Next for Standing in Patent Cases

Venable LLP on

The Supreme Court recently declined to hear an appeal from the Court of Appeals for the Federal Circuit addressing standing requirements for asserting a patent infringement action. In June, the Federal Circuit reversed a...more

BCLP

Signing the Mortgage Insufficient to Establish RESPA Standing

BCLP on

To sue under RESPA, one must have signed the loan, not just the mortgage. RESPA creates a cause of action but says only “borrower[s]” can use it. 12 U.S.C. § 2605(f). Accordingly, the Sixth Circuit joins the Fifth and...more

Burr & Forman

Servicer Foreclosing in Own Name Must Establish Standing and Ratification by Real Party in Interest

Burr & Forman on

In Russell v. Aurora Loan Services, LLC, 40 Fla. L. Weekly D967a (Fla. 2d DCA Apr. 24, 2015), Florida’s Second District Court of Appeal added to the emerging line of case law regarding the proof required to establish standing...more

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