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Results: 1-10 of 3,633

Defendants granted limitations-based summary judgment in captive reinsurance class action

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • July 23 2014

A putative class of mortgage consumers sued Flagstar Bank and its captive reinsurer alleging that they engaged in an illegal "kickback" scheme with

Sixth Circuit broadens FDCPA verification requirements for debt collectors

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • July 22 2014

Last week, in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, --- F. 3d --- (6th Cir. 2014), 2014 WL 3440174 (6th Cir. Mich. 2014), 2014 U.S

The business judgment rule: the Georgia Supreme Court defines and refines

  • Nelson Mullins Riley & Scarborough LLP
  • -
  • USA
  • -
  • July 22 2014

When a business decision is alleged to have been made negligently, the wisdom of the decision is ordinarily insulated from judicial review, and as

Evergrene Partners v. Citibank: Florida District Court of Appeal affirms dismissal complaint to cancel mortgage based upon statute of limitations

  • Burr & Forman LLP
  • -
  • USA
  • -
  • July 21 2014

In Evergrene Partners, Inc. v. Citibank, N.A., 39 Fla. L. Weekly D1342, 2014 WL 2862392 (Fla. 4th DCA June 25, 2014) Florida's Fourth District Court

Third party communications can lead to lender liability

  • Bryan Cave LLP
  • -
  • USA
  • -
  • July 21 2014

When a lender underwrites a loan application it examines the borrower's business and makes a decision about whether the business model is acceptable

Ros v. Lasalle Bank: Southern District of Florida applies new Florida DCA case law to dismiss quiet title suit based on statute of limitations allegations

  • Burr & Forman LLP
  • -
  • USA
  • -
  • July 21 2014

In Ros v. Lasalle Bank, N.A., et al., 14-CIV-22112-BLOOMVALLE (S.D. Fla. July 18, 2014) the Southern District of Florida became the first United

Real property, financial services & title insurance update - 21072014

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • July 21 2014

Trial court erred in denying statutory easement or "way of necessity" where owners established all elements pursuant to section 704.01(2), Fla. Stat

California foreclosure law: a defaulting borrower cannot enjoin a foreclosure sale by asserting that the lender lacks standing

  • Miller Starr Regalia
  • -
  • USA
  • -
  • July 21 2014

Under California's non-judicial foreclosure statutes, a defaulting borrower cannot enjoin a lender's initiation of foreclosure proceedings by

Ninth Circuit holds plaintiffs not required to plead tender or ability to tender to support TILA rescission claim

  • BuckleySandler LLP
  • -
  • USA
  • -
  • July 18 2014

On July 16, the U.S. Court of Appeals for the Ninth Circuit held that an allegation of tender or ability to tender is not required to support a TILA

C.D. Cal. Dismisses False Claims Act qui tam suit against group of lenders

  • BuckleySandler LLP
  • -
  • USA
  • -
  • July 18 2014

On July 15, the U.S. District Court for the Central District of California dismissed a relator real estate agent's suit against a group of lenders