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432 results found

Article

Osler Hoskin & Harcourt LLP | Canada | 11 Aug 2016

‘No Litigation Should Be Extortionate’: Disqualifying Representative Plaintiffs

A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal claim

Article

McCarthy Tétrault LLP | Canada | 14 Jul 2016

Sandhu v. HSBC Finance Mortgages Inc.: Disqualifying representative plaintiffs for the use of pre-certification “extortionate” settlement tactics in fee disclosure case

Recently in Sandhu v. HSBC Finance Mortgages Inc., 2016 BCCA 301, the British Columbia Court of Appeal (the “BCCA”) decertified a class action where

Article

Carlton Fields | USA | 13 Apr 2016

Florida’s Third DCA Withdraws Opinion Impacting Mortgage Lenders

Last April, we provided an update on the Florida Third District Court of Appeal's opinion in Deutsche Bank Trust Company Americas v. Beauvais. In

Article

Burr & Forman LLP | USA | 13 Apr 2016

Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure

Florida’s Third District Court of Appeal retreated from one of its most unpopular opinions this morning. The Third DCA surprised many with its

Article

Greenberg Traurig LLP | USA | 6 Jan 2015

Mortgage foreclosure action barred by statute of limitations based on prior involuntary dismissal without prejudice

On Dec. 17, 2014, Florida’s Third District Court of Appeal (Third District) issued its opinion inDeutsche Bank Trust Company Americas v. Beauvais, __

Article

Graydon Head & Ritchey LLP | USA | 20 Mar 2014

Northern District of Ohio rejects FDCPA and related state law claims

After paying on their refinance mortgage loan for the better part of 10 years, the borrowers defaulted. As a result, the loan servicer filed a

Article

Bricker & Eckler LLP | USA | 12 Nov 2012

Ohio Supreme Court holds that foreclosure must be dismissed if plaintiff does not have standing when lawsuit is commenced

On October 31, 2012, the Ohio Supreme Court released its decision in Federal Home Loan Mortgage Corporation v. Schwartzwald, Slip Opinion No. 2012-Ohio 5017.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 18 Oct 2011

Dispelling the myth of MERS as a "sham" beneficiary

In the current flood of mortgage litigation, plaintiffs often rely on myth to avoid paying their debts.

Article

Greenberg Traurig LLP | USA | 13 Sep 2011

Mortgage industry to face centralized repository for state regulatory enforcement actions

Deadline for Comments is September 20, 2011 On July 22, 2011, the State Regulatory Registry LLC (SRR) issued a Request for Public Comments on a proposal to collect, centralize and publish all state regulatory enforcement information concerning mortgage loan originators.

Article

Fox Rothschild LLP | USA | 16 May 2011

Multiple decisions in New Century TRS Holdings, Inc., hold: when you settle a claim, you get what you contract for

In two separate decisions arising from adversary proceedings in the New Century TRS Holdings, Inc., et al. (the “Debtors”) bankruptcy, signed May 10, 2011, Judge Carey of the Delaware Bankruptcy Court denied requests to stay dismissal, requiring each of the moving parties to accept the limitations of their settlement agreements.

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