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Mortgage-related litigation declined in Q4, but remains at historic levels
- Ballard Spahr LLP
- -
- USA
- -
- April 4 2013
Mortgage Daily's Fourth Quarter 2012 Litigation Index indicates that while litigation activity in the mortgage industry has been declining, there are
Trustee and loan servicer are in privity for purposes of applying res judicata
- Ballard Spahr LLP
- -
- USA
- -
- March 21 2013
The U. S. District Court for the Middle District of Georgia has joined district courts from Alabama, Nevada, and Tennessee in holding that for
Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes
- Ballard Spahr LLP
- -
- USA
- -
- March 21 2013
A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency
Washington Supreme Court: trustee's actions in nonjudicial foreclosure violated consumer law
- Ballard Spahr LLP
- -
- USA
- -
- March 21 2013
The Washington Supreme Court has held that a trustee's practice in a nonjudicial foreclosure of deferring to the lender on whether to postpone a
CFPB files another motion to dismiss in D.C. case challenging Cordray appointment
- Ballard Spahr LLP
- -
- USA
- -
- March 5 2013
Because it includes a challenge to Director Cordray's appointment, we continue to follow the case filed this past June in federal court in Washington
DOJ fights back on recess appointments in Third Circuit
- Ballard Spahr LLP
- -
- USA
- -
- March 5 2013
Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of
Supreme Court rejects CFPB position in FDCPA case
- Ballard Spahr LLP
- -
- USA
- -
- March 4 2013
A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in
Kentucky county clerks cannot sue MERS for failure to record mortgage assignments, Sixth Circuit rules
- Ballard Spahr LLP
- -
- USA
- -
- February 27 2013
The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court's dismissal of a putative class action filed against Mortgage
Federal judge refuses to dismiss Arizona mortgage class action alleging interest rate fraud
- Ballard Spahr LLP
- -
- USA
- -
- February 21 2013
On January 25, 2013, a federal judge in Arizona refused to dismiss a class action lawsuit against an Arizona-based mortgage company in a case
MERS has power to assign interest in deed of trust, borrower can challenge assignment of mortgage, First Circuit rules
- Ballard Spahr LLP
- -
- USA
- -
- February 20 2013
Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under
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