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Tenth Circuit Affirms ECOA’s Regulatory Decision to Limit Creditors’ Exposure

March 18, 2024

Introduction In a recent credit discrimination case, the Tenth Circuit affirmed the Western District of Oklahoma’s finding...

U.S. Supreme Court Disallows Innocent Partner’s Discharge of Debt From Partner’s Fraud

March 3, 2023

On February 22, 2023, the United States Supreme Court (“the Supreme Court”) issued its Opinion in the...

Florida Court Holds Lender Can Seek Attorneys’ Fees from Prior, Dismissed Action as Condition of Restatement

May 26, 2022

A Florida appellate court recently held that a lender can include the attorneys’ fees it incurred in...

NY Court Holds Statute of Frauds Bars Oral Modification of Agreement When Parties Dispute Terms

May 19, 2022

The Supreme Court of New York, Suffolk County, recently held that the statute of frauds bars an...

Illinois Appellate Court Holds November 2020 Foreclosure Sale Was Not Improper in Light of COVID Moratorium

May 17, 2022

The Illinois Court of Appeals recently found that Fannie Mae’s COVID-related instruction for servicers to suspend foreclosure...

NJ Appellate Division Vacates Trial Court’s Denial of Motion to Vacate Tax Sale Final Judgment

May 12, 2022

The New Jersey Appellate Division recently reversed the finding of a lower court, which had denied a...

Kentucky Federal Court Holds Law Firm May Be Liable for Searching Title to Incorrect Property

May 3, 2022

The United States District Court for the Eastern District of Kentucky recently held that a lender might...

In Split Decision, Tenth Circuit Affirms Dismissal in Overdraft Charge Dispute

April 20, 2022

In a split decision, the United States Court of Appeals for the Tenth Circuit recently affirmed a...

New Jersey Appellate Division Allows Intervention in Tax Sale Foreclosure

April 5, 2022

The New Jersey Appellate Division recently reversed the finding of a lower court, which had denied appellants’...

Texas Supreme Court Finds Wire Transfer Form Did Not Create a Contract Under Which Bank Could Be Sued

March 31, 2022

The Texas Supreme Court recently held that an attorney who fell victim to a scam and wired...

New Jersey Federal Court Denies Motion for Reconsideration of Dismissal of Mortgage “Mishandling” Claims

March 24, 2022

The United States District Court for the District of New Jersey recently denied a borrower’s motion for...

New York Court Denies Injunction to Stay Foreclosure Sale of Boston’s State Street Building

March 16, 2022

The New York Supreme Court, Kings County, recently denied a plaintiff’s motion for an injunction staying the...

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