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New York Court Holds Lender Affirmatively Revoked Debt Acceleration by Discontinuing Foreclosure Action; Borrower’s Spouse Who Did Not Sign Note Not Entitled to RPAPL 1304 Notice

USA - October 1 2019 The New York Supreme Court, Westchester County, recently held that a lender’s foreclosure action was not barred by the statute of limitations because…

Michael Crowley, Michael R. O’Donnell

New York Federal Court Dismisses RESPA Claim From Plaintiff Who Allegedly Assumed Borrowers’ Mortgage

USA - September 26 2019 The United States District Court for the Northern District of New York recently dismissed a Real Estate Settlement Procedures Act (“RESPA”) complaint…

Michael Crowley, Michael R. O’Donnell

Nevada Federal Court Holds Title Insurer May Be Able to Reform Policy After Mistakenly Omitting Mortgage

USA - September 24 2019 The United States District Court for the District of Nevada recently denied a motion for partial summary judgment by homeowners against their title…

Michael Crowley, Michael R. O’Donnell

Third Circuit Finds Debt Collector Violated FDCPA by Sending an Envelope With a QR Code That Revealed the Debtor’s Account Number When Scanned

USA - September 19 2019 The United States Court of Appeals for the Third Circuit recently affirmed a District Court’s decision granting a debtor’s motion for summary…

Michael Crowley, Michael R. O’Donnell

N.J. Federal Court Denies Motion for Preliminary Injunction Seeking to Enforce Restrictive Covenant Prohibiting Sports Wagering, But Still Finds Covenant Likely Is Enforceable

USA - September 17 2019 The United States District Court for the District of New Jersey recently found that the defendant could not obtain a preliminary injunction…

Michael Crowley, Michael R. O’Donnell