In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at 5 (S.D. Fla. Aug. 26, 2015), United States District Court Judge Beth Bloom issued litigious borrowers their latest setback in a large scale litigation campaign being conducted by a South Florida consumer law firm. The case is one of many filed by Loan Lawyers, LCC, on behalf of their clients alleging violations of regulations promulgated pursuant to Real Estate Settlement Procedures Act (RESPA) known as Regulation X (Reg X). Many of the cases have the same facts: Loan Lawyers sends a letter requesting a ...
The ownership of the promissory note by a subsidiary corporation of the Plaintiff cannot alone establish standing to foreclose. In HSBC Bank USA, N.A. v. Ryan Kahan, et al., the Court granted the borrowers' motion for involuntary dismissal or directed verdict due to (1) Plaintiff's failure to establish standing at the commencement of the action; and (2) Plaintiff's inability to establish a prima facie case of foreclosure due to its failure to provide any testimony as to Plaintiff's damages. On October 8, 2012, Plaintiff HSBC Bank USA, N.A. ("HSBC Bank") commenced this residential ...
In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the Eastern District of North Carolina adopted the magistrate's findings that a caller's good-faith belief of consent is a complete defense under the Telephone Consumer Protection Act ("TCPA"). The defendant in Danehy, a cable company, had been asked by one of its customers to perform a service visit. The customer had provided a cell phone number to the defendant as one of his contact numbers. Unbeknownst to the defendant, the cell phone ...
In Jenkins v. Midland Credit Management, Inc.,[1] the U.S. Bankruptcy Court for the Northern District of Alabama held that the filing of a proof of claim based on a time-barred debt cannot give rise to a claim for damages under the Fair Debt Collection Practices Act ("FDCPA"), reasoning that any such claim is precluded by the Bankruptcy Code's comprehensive claims-allowance procedure. The court further held that the filing of a proof of claim on a stale debt does not merit sanctions under Bankruptcy Rule 9011 where the proof of claim is filed in compliance with the Code. Accordingly, the ...
The Federal Communications Commission's (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order's seemingly one sided approach offered businesses few ways to protect themselves from inadvertent TCPA violations and opened the door for a flurry of potential lawsuits by the plaintiff's bar. The Order was immediately appealed by ACA International, Dish Network, the Professional Association for Customer Engagement and Sirius XM Radio. Now the consolidated appeal ...
On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia's statutory garnishment process unconstitutional in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015) (granting summary judgment for plaintiff). In what is sure to be the first of many county-level responses, Gwinnett County officials announced on September 9, 2015 that they will stop issuing garnishment summonses and disbursements pending further judicial instruction. The opinion will potentially affect the debt collection industry (for an unknown duration ...
The long heralded TILA/RESPA Integrated Disclosures (TRID) are coming, and they are already causing some headaches in the real estate market. Congress provided for the new disclosures in the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The TRID disclosures are designed to improve the existing disclosure process for mortgage lending and real estate closings by consolidating the old Truth in Lending Disclosure Statement (TILA), HUD-1 Settlement Statement (HUD-1), and Good Faith Estimate (GFE) into two new forms called a "Loan Estimate ...
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