Mortgages, TCPA | JD Supra

District Court finds job recruitment texts are not “solicitations” under the Telephone Consumer Protection Act

Orrick, Herrington & Sutcliffe LLP on 9/17/2024

Recently, the U.S. District Court for the Central District of California recently dismissed a lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against a mortgage company. The plaintiff, who...more

Litigation Byte (June Edition)

McGlinchey Stafford on 7/16/2024

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Real Property, Financial Services, & Title Insurance Update: Week Ending June 17, 2022

Carlton Fields on 7/27/2022

Real Property Update - Foreclosure / Mobile Home: 21st Mortgage’s unperfected security interest in mobile home — which was a fixture to mortgaged real property — did not survive the real property’s foreclosure by...more

All Consuming - Financial Litigation Insights, Volume 3, Issue 5

Spilman Thomas & Battle, PLLC on 5/12/2022

CFPB Invokes Dormant Authority to Examine Nonbank Companies Posing Risks to Consumers and CFPB Claims Oversight Over More Entities Including Fintechs; Says It Will Publish Supervisory Determinations - "The CFPB is also...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 1, 2022

Carlton Fields on 4/8/2022

Real Property Update - Online Marketplace for Lodging / Arbitrability / Delegation to Arbitrator: Company’s terms of service incorporated by reference the AAA rules and clearly and unmistakably evidenced the parties’...more

Real Property, Financial Services, & Title Insurance Update: Week Ending March 18, 2022

Carlton Fields on 4/1/2022

Foreclosure / Surplus Funds: Trial court erred in awarding surplus funds in association’s lien foreclosure sale to first mortgagee, as the owner of record (the mortgagor) on the date of the filing of the lis pendens was...more

Real Property, Financial Services, & Title Insurance Update: Week Ending February 18, 2022

Carlton Fields on 2/18/2022

Foreclosure / Statute of Limitations: Subsequent owner of property, which purchased property at homeowners association's junior lienholder foreclosure, took the property subject to successor mortgagee's ongoing rights, which...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 21, 2022

Carlton Fields on 1/21/2022

HAMP / Loan Modification / Cause of Action: No independent cause of action for lender's failure to provide loan modification agreement under HAMP - Riano v. Bank of Am., N.A., Nos. 3D20-1260, 3D20-1473 (Fla. 3d DCA Jan. 19,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending November 19, 2021

Carlton Fields on 12/7/2021

Real Property Update - Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the mortgage and related documents – OneWest Bank, N.A. v. Leek-Tannenbaum, No....more

Real Property, Financial Services, & Title Insurance Update: Week Ending October 8, 2021

Carlton Fields on 10/8/2021

Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 17

Spilman Thomas & Battle, PLLC on 8/25/2021

Biden Makes It Easier for Student Loan Borrowers to Get a Mortgage - "The new rule supported by the Biden administration proposed that FHA lenders drop the requirement to calculate student loan payments at 1%." Why this is...more

Real Property, Financial Services, & Title Insurance Update: Week Ending May 28, 2021

Carlton Fields on 6/18/2021

Real Property Update - Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB...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 Report - Summer 2021

Morrison & Foerster LLP on 6/9/2021

As spring turns to summer, climate change is on our minds. A new day, a new story about how financial institutions are addressing climate-related risks. In the past few months, six major banks—Bank of America, JPMorgan...more

Insurance Update - April 2021

Rivkin Radler LLP on 4/23/2021

In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...more

CFPB Proposes Mortgage Servicing Changes; Supreme Court Weighs in on TCPA

Goodwin on 4/8/2021

In This Issue. The Consumer Financial Protection Bureau (CFPB) continued to be active under its new leadership this week, warning mortgage servicers to prepare now for an anticipated surge of homeowners needing assistance...more

Financial Services Report - Spring 2021

Morrison & Foerster LLP on 3/2/2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

2020 Year in Review: Consumer Finance

Goodwin on 2/18/2021

For so many people and companies, 2020 was a year of uncertainty unlike any other in recent memory. It was no different for the financial services industry. The biggest uncertainty was COVID-19. The global pandemic had a...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 15, 2021

Carlton Fields on 1/15/2021

Financial Services Update - Breach of Contract & Pre-Suit Notice: Consumer's failure to abide by a mortgage's notice and cure provision barred his breach of contract claim - Cooper v. PennyMac Loan Servs., LLC, No....more

Florida Real Property And Business Litigation Report, Volume 13, Issue 49

McGlinchey Stafford on 12/9/2020

Lucoff v. Navient Solutions, LLC, Case No. 19-13482 (11th Cir. 2020). A person who consents online to be contacted regarding past due debts (even though he earlier advised the company he did not wish to be contacted) has, as...more

Consumer Law Hinsights – November 2020

Hinshaw & Culbertson - Consumer Financial... on 11/25/2020

This matter is now in front of the Third Circuit for review, and the Consumer Financial Protection Bureau (CFPB) has submitted an amicus brief in support of the district court's decision, citing specifically to Degroot v....more

[Virtual Event] 27th NATIONAL FORUM ON Residential Mortgage Regulatory Enforcement & Litigation - November 17th - 18th, 9:00 am -...

American Conference Institute (ACI) on 11/13/2020

ACI’s Residential Mortgage Forum is a premier gathering of leading servicers, lenders, external counsel, and regulators engaging in dialogue on how to navigate the very complex residential mortgage enforcement and litigation...more

Mortgages › Telephone Consumer Protection Act