The United States District Court for the Eastern District of Kentucky recently held that an assignee of a debt may request prejudgment interest in a collection complaint dating from the time the debt was charged off by the original creditor, even where the original creditor had stopped charging interest on the account post charge-off. In Stratton v. Portfolio Recovery Associates, LLC, Case no. 5:13-cv-147-DCR (E.D. Ky. Nov. 26, 2013), the plaintiff filed a putative class action complaint alleging that the debt collector, who had been assigned a debt owed by the plaintiff, violated ...
The Sixth Circuit issued an opinion last week in Christian County Clerk v. Mortgage Electronic Registration Systems, Inc., et al., 2013 WL 565198 (6th Cir. Feb. 15, 2013), addressing whether the district court properly dismissed two Kentucky county clerks' complaint against MERS and fifteen financial institutions for violations of state recording statutes. The subject complaint alleged that the Defendants, by establishing and participating in the MERS system, violated Kentucky law by failing to record mortgage assignments and, more specifically, created MERS "to enable its ...