Posts in Colorado.
Weller v. HSBC Mortgage Services, Inc., No. 13-cv-00185-REB-MJW, -- F. Supp. 2d -- , 2013 WL 4882758 (D. Colo. Sept. 11, 2013). The U.S. District Court for the District of Colorado recently held that the Dodd-Frank Act did not apply retroactively to nullify an arbitration agreement contained in a mortgage loan contract. In Weller, the plaintiff mortgagor brought a putative class action alleging violations of the civil RICO statute and Truth in Lending Act, breach of contract, and other claims arising from his mortgagee's "force placement" of insurance on the mortgaged property ...
The U.S. District Court for the District of Colorado recently decided that an offer of judgment with regard to all claims between a plaintiff and defendant did not moot all of the plaintiff's FDCPA claims pursuant to Rule 68 of the Federal Rules of Civil Procedure, in Orrick v. Midland Credit Management, Inc., No. 11-cv-03133-PAB-KMT, 2013 WL 657877 (D. Colo. Feb. 22, 2013). In Orrick, the plaintiff's complaint alleged the defendant violated the Fair Debt Collection Practices Act ("FDCPA") by communicating information regarding the plaintiff's debt to a credit reporting agency ...