News & Analysis as of September 24, 2024

Mortgages › Injury-in-Fact

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Equitable Defense Proves Valuable in FCRA Suit

Womble Bond Dickinson on 10/25/2021

The U.S. District Court for the Western District of North Carolina found that the plaintiff was equitably estopped from pursuing a FCRA claim in light of her behavior related to the manner in which she chose to make her...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 23, 2021

Carlton Fields on 6/18/2021

Real Property Update - Condo / Attorneys’ Fees: Condominium association that lost on counterclaim against developer was prevailing party on significant issues in litigation by prevailing on developer’s claims and was...more

Financial Services Update: Week Ending November 1, 2019

Carlton Fields on 11/8/2019

Financial Services Update - FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more

What does Spokeo mean? The Eleventh Circuit’s Unusual Debate about the U.S. Supreme Court’s Controversial Decision

Kilpatrick on 5/22/2017

Takeaway: The decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), where the U.S. Supreme Court evaluated Article III standing in the context of a federal statutory violation, continues to generate controversy. Since...more

Citing Spokeo, Eleventh Circuit Rejects Class Action Over Late Mortgage Satisfaction Recordation, Holding Plaintiff Had Not...

Balch & Bingham LLP on 10/28/2016

The Eleventh Circuit recently held in Nicklaw v. CitiMortgage, Inc.(No. 15-14216) that a plaintiff lacks standing to sue a creditor where the plaintiff merely alleges that the creditor failed to timely record a mortgage...more

Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent...

King & Spalding on 10/17/2016

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged...more

Spokeo Can't Help Bank Avoid $6.2M Settlement

Manatt, Phelps & Phillips, LLP on 8/31/2016

Invoking the recent U.S. Supreme Court decision in Spokeo v. Robins, a federal court in New York held that a bank remained on the hook for a $6.2 million class action settlement. What happened - Plaintiffs were...more

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