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Statute of Limitations › Banking Sector

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Goodwin

New York Governor Hochul Signs Consumer Credit Fairness Act, Creating Significant Changes for Debt Collection Actions Brought in...

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On November 8, 2021, New York Governor Kathy Hochul signed the Consumer Credit Fairness Act (the Act) into law. The Act will likely have substantial impact on debt collection lawsuits filed by creditors or debt collectors in...more

Hogan Lovells

Banking sector in turmoil: The invalidity of the GTC amendment mechanism – Quo vadis?

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In its ruling of 27 April 2021 (case ref.: XI ZR 26/20) in response to cease and desist action brought by the Federation of German Consumer Organizations, the German Federal Court of Justice (BGH) found two clauses in the...more

Hogan Lovells

Bankenwelt in Aufruhr: Die Unzulässigkeit des AGB-Änderungs-mechanismus – Quo vadis?

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Der BGH erklärte mit Urteil vom 27.04.2021 (Az.: XI ZR 26/20) auf die Unterlassungsklage des Bundesverbandes der Verbraucherzentralen hin zwei Klauseln in AGB-Banken für unwirksam, die (entsprechend den AGB-Sparkassen) ohne...more

Morrison & Foerster LLP

CFPB California Style: The California Consumer Financial Protection Law Brings More Providers Of Consumer Financial Products And...

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On August 31, 2020, the California legislature passed the California Consumer Financial Protection Law (CCFPL). The law reflects Governor Newsom’s vision of a much more powerful banking agency with new registration authority,...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Authorizes Lawsuits Against Companies that Deal in Property Confiscated by the Cuban Government and Tightens...

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• Yesterday, May 2, the United States government allowed implementation of Title III of the Helms-Burton Act, for the first time since the law was enacted in 1996, to permit U.S. nationals to sue persons that “traffic” in...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 2, 2018

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REAL PROPERTY UPDATE - Foreclosure/Standing: borrower's standing arguments failed because they were based on notion that note changed hands after it was delivered to World Savings Bank in 2007, when in fact the note...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Expands on Pantoja, Finds Collection Letter on Stale Debt to Violate FDCPA for Failure to Include Revival Warning

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A recent decision from the North District of Illinois has expanded on the Seventh Circuit’s holding in Pantoja v. Portfolio Recovery Assocs., LLC, 852 F.3d 679 (7th Cir. 2017) regarding revival warnings in collections letters...more

Dorsey & Whitney LLP

D.C. Circuit Upholds CFPB’s Constitutionality: Why the PHH Case Underscores the Importance of Internal Agency Discipline

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On January 31, the U.S. Court of Appeals for the D.C. Circuit issued a plurality opinion en banc that confirmed the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) governance by a sole Director, while...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 12, 2018

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REAL PROPERTY UPDATE - Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

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REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Ballard Spahr LLP

Fed issues consent order for bank’s alleged deceptive practices involving balance transfer credit cards

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The Federal Reserve Board announced that it had issued a Consent Order against Mid America Bank and Trust Company (Bank) for alleged deceptive marketing practices in violation of section 5 of the FTC Act related to balance...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

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REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

Pierce Atwood LLP

Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

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In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending September 1, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure / Statute of Limitations: trial court improperly found that, because payments due under a note and mortgage were accelerated in a prior 2009 action, the second action filed over five...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending August 18 & 25, 2017

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Foreclosure: general reservation of jurisdiction in a foreclosure judgment is very limited, and certainly does not give trial court jurisdiction to eliminate a lien more than three years after Final Judgment of Foreclosure...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending August 11, 2017

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REAL PROPERTY UPDATE - Foreclosure/Short Sale/Statute of Limitations: Florida Statute section 95.11(5)(h)’s one year statute of limitations period does not apply to bar Bank’s cause of action for deficiency judgment arising...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending July 14 & 21, 2017

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REAL PROPERTY UPDATE - Foreclosure/Standing: note owner had constructive possession of promissory note in original servicer’s physically possession of blank-endorsed note when it filed the complaint, and had standing to...more

Burr & Forman

Florida 5th DCA Distinguishes Troublesome Hicks Opinion, and Other Statute of Limitations News

Burr & Forman on

Last week, Florida’s Fifth DCA and Second DCA issued two seminal opinions; Klebanoff v. Bank of N.Y. Mellon, and Huntington National Bank v. Watters, which clarify the cloud of uncertainty that had engulfed the statute of...more

Carlton Fields

Pennsylvania Federal Court Finds Continuing Violations Doctrine Applicable To RESPA Claims

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A Pennsylvania federal court applied the continuing violations theory to RESPA’s one-year statute of limitations, and allowed Plaintiffs leave to amend their complaint to modify their RESPA claim....more

Foley & Lardner LLP

District Court Rebuffs CFPB’s RESPA “Continuing Violations” Theory

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On June 6, 2017, a federal district court in Menichino v. CitiBank rejected an interpretation of the RESPA Section 8 statute of limitations espoused by the CFPB in captive reinsurance cases, instead concluding that RESPA’s...more

Ballard Spahr LLP

Kerfuffle on statute of limitations issue in PHH case

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On June 7, the CFPB submitted a Rule 28(j) letter to the D.C. Circuit in the PHH case. In the letter, the CFPB embraced the fact that the Supreme Court’s recent Kokesh v. SEC decision makes the five-year statute of...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 12, 2017

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REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to...more

Ballard Spahr LLP

CFPB Says Individual Liberty is Not a Relevant Consideration in the Constitutional Analysis of its Structure

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On March 31, the CFPB and supporting amici submitted their briefs in the en banc rehearing of the PHH case. We have blogged extensively about the PHH case in which the D.C. Circuit is grappling with four critical issues: (i)...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

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Financial Industry Developments - SEC Adopts T+2 Settlement Cycle for Securities Transactions - On March 22, 2017, the Securities and Exchange Commission (SEC) adopted an amendment to Rule 15c6-1(a), shortening the...more

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