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New York Supreme Court Vacates Confession of Judgment Based on a Criminally Usurious Contract

USA - February 16 2017 The Supreme Court of New York, Westchester County, recently granted Defendant’s motion to vacate a confession of judgment entered against it, voiding…

Michael R. O’Donnell.

New York Amends Confession of Judgment Statute to Prohibit Confessions Filed Against Out-of-State Debtors

USA - September 12 2019 On August 30, 2019, Governor Cuomo signed legislation that amended CPLR § 3218 to prevent creditors from filing confessions of judgment in New York…

Dylan C. Goetsch, Michael R. O’Donnell.

Arizona Appellate Court Affirms Judgment for Title Insurance Company and Escrow Agent in Lenders’ Fraud Action

USA - April 17 2018 The Arizona Court of Appeals recently affirmed a lower court’s order dismissing claims against a title insurance company and an escrow agent and held…

Dylan C. Goetsch, 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…

Dylan C. Goetsch, Michael R. O’Donnell.

Wisconsin Federal Court Holds That Creditor Who Inadvertently Included Extra Space in Debtor’s Name in UCC Financing Statement Was Unsecured

USA - December 12 2017 The United States District Court for the Western District of Wisconsin recently held that a creditor did not perfect its security interest in the…

Michael R. O’Donnell.